A former Auckland Labour Party luminary came up with that idea once. We were all supposed to buy a brick for I dunno… think it was a $1000 and it would have our name engraved on it. Most of us came to the conclusion we did not want to buy a bloody brick at that price.
Quite simply put, anybody who puts this site at legal risk receives an instant permanent or at least a lengthy ban, regardless of who they are. This applies to this case and in general.
"I strangled her to death by accident" has to be the most fucked-up defence seriously contemplated by a jury since they banned the "I had to kill him because he was gay" defence. I feel embarrassed for my country that this will be getting so much coverage in the UK.
Oh you sexual puritan PM! Guess you never even wanked since you seem totally ignorant of some of some people's sexual preferences. By the way, does the name Peter Plumley-Walker ring a bell? In this case, the defence was far from 'fucked-up' in that the scenario presented was quite probable, particularly when there was evidence that the victim was not averse to BDSM practices and also had not been under any coercion regarding the 'hook-up'. Fortuitously, there was evidence to support the contention that the death was not accidental in the minds of the jury members, but this was not a certainty. It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment. Are you saying that any death related to sexual acts is comparable to gay bashing murders? Hopefully you will not die of a heart attack while in flagrante delicto. Under your perverted legal interpretation, your sexual partner could end up being incarcerated for a long time because of your over-excitement.
Bullshit. There's a world of difference between indulging someone's kink for playing at having their breath cut off and spending upwards of five minutes strangling them to death, including at least a couple of minutes spent continuing to strangle them after they've lost consciousness. That doesn't happen by accident any more than being stabbed multiple times happens by accident.
It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment.
I don't see why. It's not that long ago that male defendants were succeeding in court with the defence that they panicked and killed a man for wanting to have sex with them. We put a stop to that defence, and we could put a stop to this as well if we wanted to.
On reflection, feel I should add: there's zero evidence that Grace Millane asked to have her breathing restricted, just a self-serving claim to that effect by a proven liar. Comparing her to Peter Plumley-Walker is insulting.
Don't be an idiot PM! The defence was not necessarily invalid or as you say, "fucked up". It was properly presented and appropriately tested in the Mullane case – hence the guilty verdict.
I'm surprised that as the royal we, you managed to put a stop to the "I had to kill him because he was gay" defence. Wasn't it something to do with judicial direction to temper the influence of homophobic jurors?
"We" as in the people of New Zealand, via our constituted authorities.
A defence that the victim effectively consented to their murder may not be invalid under NZ law right now, but it should be. "Accidentally" strangling someone to death is like "accidentally" stabbing them a dozen times with a knife – there's no plausible "accident" there.
So why bother with the inconvenience of evidence or trials – Duterte no doubt has a job for you. Thank goodness your concepts of 'justice' don't have a place in NZ. By the way, consent to a dangerous sexual act is not the same as consenting to being murdered. Actually, wasn't that properly raised for the consideration of the jury?
we live in a society that can't even manage consent for non-dangerous sex across the population*, I think arguing that consent is the relevant issue here misses the elephant in the living room.
So why bother with the inconvenience of evidence or trials
Because it has to be established that the accused is in fact the murderer. If the accused admits to being the murderer but pleads not guilty, as this one did, the trial should be pretty short because the defence of "I strangled her to death by accident" shouldn't be available.
And if that were to make men feel that squeezing women's throats during sex just wasn't worth the thrill any more, I'm not seeing any down side to that.
By the way, consent to a dangerous sexual act is not the same as consenting to being murdered.
First, there's no evidence Grace Millane consented to a dangerous sexual act. Second, yes that was considered by the jury and rightly rejected on the basis that, even if the accused didn't have intent to kill he was reckless in continuing to do something that was likely to kill his victim.
The Crimes Act says people can't consent to being killed, so in a sense, that's provided for. The issue here is where the line is drawn on what people can consent to. Can someone consent to sexual activity that may result in death? Common law on the issue is that consent to bodily harm requires a public interest test, so surgery is fine, but BDSM has not been heavily tested in this area, and while light pressure on the neck is not bodily harm, it's a fine line between that and unconsciousness, which is probably not acceptable.
"Are you saying that any death related to sexual acts is comparable to gay bashing murders?"
no, but I am close to saying that any man who chooses to have sex that involves strangulation of his partner, should know that they will not be able to use 'sex gone wrong' as a defence and can expect to face a murder charge. It then becomes a simple choice of is this pleasure worth the risk?
My reason for this is that there is an emerging trend of women being murdered and this defence being used. You can have a look at the UK, where the law is different than in the NZ and there are greater numbers of this defence being used.
People's kink is a personal thing but at at societal level I don't think the right to one kind of pleasure trumps the right to be free from the risk of murder. People in the kink and BDSM communities are saying that there are safe ways to do this sex act, so it's on individuals to learn those skills if they want to do it. Watching something on youtube probably doesn't count.
I also think it's on those communities to speak out against the act as something for lay people to do and to push back against things like sharing on social media how to strangle women without killing them. I have no doubt that people skilled in this kink know what they are doing, but likewise I have no doubt that there are sadistic fucks doing it without regard for the wellbeing of their partner or motivated by the need to cause harm. That latter group not being restricted to the men who kill their partners.
There's also the issue of the number of women feeling pressured to have this kind of sex. There's a societal balance to be had between promoting sex positivity and not promoting violence or degradation of women. The latter is already a significant problem, exacerbated by the kinds of porn that many men are using, and it's obvious that strangulation is now a part of that dynamic. Don't believe me? Spend some time online listening to what women are saying.
Thanks for putting this information out here weka. I too have been noticing an increasing number of reports internationally along the 'consensual rough sex gone bad' defense line and I have the sense that it is a significant part of the increase in misogynistic trends.
Yep. Time we went for nuance and got past the binary thinking that this a sex positivity vs prudery issue. We can't have a sex positive culture when rape culture misogyny not only exists but is developing new forms off the back of sex positive culture.
Firstly…aficionados of 'kink' need to understand that there is very little new or innovative in what they're into. It has, quite possibly, been done before .
Secondly, there needs to be some serious thinking and discussion of what is acceptable kink, and what is rape and abuse and murder in disguise.
Standard is life imprisonment with a minimum non-parole period of 10 years. I'm not sure if there is anything about this crime that dictates a sentence outside that, but wouldn't surprise me if the actions afterwards earn him longer.
One of them had a first strike, and they committed murder as part of a robbery, so they automatically met the criteria for minimum of 17 years non-parole.
104 Imposition of minimum period of imprisonment of 17 years or more
(1) The court must make an order under section 103 imposing a minimum period of imprisonment of at least 17 years in the following circumstances, unless it is satisfied that it would be manifestly unjust to do so:
(a) if the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice; or
(b) if the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another; or
(c) if the murder involved the unlawful entry into, or unlawful presence in, a dwelling place; or
(d) if the murder was committed in the course of another serious offence; or
(e) if the murder was committed with a high level of brutality, cruelty, depravity, or callousness; or
(ea) if the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002); or
(f) if the deceased was a constable or a prison officer acting in the course of his or her duty; or
(g) if the deceased was particularly vulnerable because of his or her age, health, or because of any other factor; or
(h) if the offender has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances; or
I read the sentencing order, the first strike definitely had an impact. In part, because the previous convictions were used as a reason to uplift the sentence, but also because of section 86E of the Sentencing Act:
"When murder is a stage-2 or stage-3 offence
(1) This section applies if—
(a) an offender is convicted of murder; and
(b) that murder is a stage-2 offence or a stage-3 offence.
(2) If this section applies, the court must—
(a) sentence the offender to imprisonment for life for that murder; and
(b) order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.
(3) If the court does not make an order under subsection (2)(b), the court must give written reasons for not doing so.
(4) If the court does not make an order under subsection (2)(b), the court must,—
(a) if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and
(b) if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a) would be manifestly unjust, order that the offender serve a minimum period of imprisonment in accordance with section 103.
(5) If, in the case of a stage-3 offence, the court imposes under subsection (4)(a) a minimum period of imprisonment of less than 20 years, the court must give written reasons for doing so.
(6) If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b) and the offender does not, at the time of sentencing, have a record of final warning, the court must—
(a) warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and
(b) record that the offender has been warned in accordance with paragraph (a).
(7) It is not necessary for a Judge to use a particular form of words in giving the warning.
(8) On the entry of a record under subsection (6)(b), the offender has a record of final warning.
(9) The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a)."
The judge found that a sentence of life without parole would be manifestly unjust, but landed on 20 years 9 months after considering all the factors.
Alwyn, all that was necessary was for you (or anyone) to point out that I'd missed one.
I'm not a lawyer, so I err on the side of caution. Two mods have pointed out the need for caution here. Repeating what I had just deleted from your previous comment is either incredibly stupid or you think you get to decide what puts the site at risk (you don't). Do that again and expect a ban.
I need you to acknowledge what I just said. You cannot repeat something that has been deleted by a mod, even to tell a mod to remove another comment. It puts the site at risk. You're in premod until this gets sorted out.
Well can you please tell me how I can try and bring something to the attention of a moderator without it appearing on the blog?
Would it work if I was to corrupt the Mail address? If I put xxxxx@windowslive.com say would it get flagged to be looked at without going straight to the blog? After all that would be flagged as being a new commentator wouldn't it and go into moderation automatically.
Then I could say something like –
"Don't publish this.
Look at comment by Fred. He appears to me to be breaching the suppression order when he says xyz."
Would that get to a moderator and only a moderator? If it did it would seem to let me give a warning without making it public.
Or does just warning a moderator count as breaching a suppression order and get everyone in trouble?
I realise what you are on about. The problem I had was that you deleted my comment, which was fine by me, but you had missed the other ones that were even more explicit and that I was trying to bring up as being, possibly, out of line.
I thought I should make another attempt to warn you. The alternative is simply to take no action at all when a warning of some kind is appropriate.
[you seem to still be missing the key point here. Commenters ARE NOT ALLOWED to repost material that has been deleted, especially where it was deleted because it put the site at risk. If you do it is likely you will get a long ban. The only reason you haven’t is because the two mods looking at this think it’s better for the community for this exchange to be instructional.
There is zero problem with pointing out to moderators any problematic comment. Just don’t copy and paste or paraphrase it. In this case a simple reply to me saying “comment x.x.x seems to be an issue as well” or similar would have worked. Giving a link to the specific comment always helps.
Yes, making a comment with a changed name or email address will drop it into moderation (assuming it’s not been used before). Please don’t put legally problematic content in that comment, but as above give a reference to the comment you want the mods to look at, a link is best. Don’t tell mods what to do, instead let them know there is a potential problem. – weka]
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The Government is making short-sighted changes to the Resource Management Act (RMA) that will take away environmental protection in favour of short-term profits, Labour’s environment spokesperson Rachel Brooking said today. ...
Labour welcomes the release of the report into the North Island weather events and looks forward to working with the Government to ensure that New Zealand is as prepared as it can be for the next natural disaster. ...
The Labour Party has called for the New Zealand Government to recognise Palestine, as a material step towards progressing the two-State solution needed to achieve a lasting peace in the region. ...
Some of our country’s most important work, stopping the sexual exploitation of children and violent extremism could go along with staff on the frontline at ports and airports. ...
The Government’s Fast Track Approvals Bill will give projects such as new coal mines a ‘get out of jail free’ card to wreak havoc on the environment, Labour Leader Chris Hipkins said today. ...
Cuts to frontline hospital staff are not only a broken election promise, it shows the reckless tax cuts have well and truly hit the frontline of the health system, says Labour Health spokesperson Ayesha Verrall. ...
The Green Party has joined the call for public submissions on the fast-track legislation to be extended after the Ombudsman forced the Government to release the list of organisations invited to apply just hours before submissions close. ...
New Zealand’s good work at reducing climate emissions for three years in a row will be undone by the National government’s lack of ambition and scrapping programmes that were making a difference, Labour Party climate spokesperson Megan Woods said today. ...
More essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...
The Government is trying to bring in a law that will allow Ministers to cut corners and kill off native species, Labour environment spokesperson Rachel Brooking said. ...
Cancelling urgently needed new Cook Strait ferries and hiking the cost of public transport for many Kiwis so that National can announce the prospect of another tunnel for Wellington is not making good choices, Labour Transport Spokesperson Tangi Utikere said. ...
A laundry list of additional costs for Tāmaki Makarau Auckland shows the Minister for the city is not delivering for the people who live there, says Labour Auckland Issues spokesperson Shanan Halbert. ...
The Green Party has today launched a step-by-step guide to help New Zealanders make their voice heard on the Government’s democracy dodging and anti-environment fast track legislation. ...
The National Government’s proposed changes to the Residential Tenancies Act will mean tenants can be turfed from their homes by landlords with little notice, Labour housing spokesperson Kieran McAnulty said. ...
Green Party co-leader Marama Davidson is calling on all parties to support a common-sense change that’s great for the planet and great for consumers after her member’s bill was drawn from the ballot today. ...
A significant milestone has been reached in the fight to strike an anti-Pasifika and unfair law from the country’s books after Teanau Tuiono’s members’ bill passed its first reading. ...
New Zealand has today missed the opportunity to uphold the right to a clean, healthy, and sustainable environment, says James Shaw after his member’s bill was voted down in its first reading. ...
Today’s advice from the Climate Change Commission paints a sobering reality of the challenge we face in combating climate change, especially in light of recent Government policy announcements. ...
Minister for Disability Issues Penny Simmonds appears to have delayed a report back to Cabinet on the progress New Zealand is making against international obligations for disabled New Zealanders. ...
The Government’s newly announced review of methane emissions reduction targets hints at its desire to delay Aotearoa New Zealand’s urgent transition to a climate safe future, the Green Party said. ...
The Government must commit to the Maitai School building project for students with high and complex needs, to ensure disabled students from the top of the South Island have somewhere to learn. ...
Mental Health Minister Matt Doocey and his Government colleagues have made a meal of their mental health commitments, showing how flimsy their efforts to champion the issue truly are, says Labour Mental Health spokesperson Ingrid Leary. ...
Paul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...
Recreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...
Energy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...
The coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...
Overseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...
Emergency Management and Recovery Minister Mark Mitchell has today released the Report of the Government Inquiry into the response to the North Island Severe Weather Events. “The report shows that New Zealand’s emergency management system is not fit-for-purpose and there are some significant gaps we need to address,” Mr Mitchell ...
Justice Minister Paul Goldsmith is today travelling to Europe where he’ll update the United Nations Human Rights Council on the Government’s work to restore law and order. “Attending the Universal Periodic Review in Geneva provides us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while ...
Associate Agriculture Minister, Mark Patterson, formally reopened the world’s largest wool processing facility today in Awatoto, Napier, following a $50 million rebuild and refurbishment project. “The reopening of this facility will significantly lift the economic opportunities available to New Zealand’s wool sector, which already accounts for 20 per cent of ...
Hon Andrew Bayly, Minister for Small Business and Manufacturing At the Southland Otago Regional Engineering Collective (SOREC) Summit, 18 April, Dunedin Ngā mihi nui, Ko Andrew Bayly aho, Ko Whanganui aho Good Afternoon and thank you for inviting me to open your summit today. I am delighted ...
The Government is delivering on its commitment to bring back the Three Strikes legislation, Associate Justice Minister Nicole McKee announced today. “Our Government is committed to restoring law and order and enforcing appropriate consequences on criminals. We are making it clear that repeat serious violent or sexual offending is not ...
Foreign Minister Winston Peters has today announced four new diplomatic appointments for New Zealand’s overseas missions. “Our diplomats have a vital role in maintaining and protecting New Zealand’s interests around the world,” Mr Peters says. “I am pleased to announce the appointment of these senior diplomats from the ...
New Zealand is contributing NZ$7 million to support communities affected by severe food insecurity and other urgent humanitarian needs in Ethiopia and Somalia, Foreign Minister Rt Hon Winston Peters announced today. “Over 21 million people are in need of humanitarian assistance across Ethiopia, with a further 6.9 million people ...
Minister for Arts, Culture and Heritage Paul Goldsmith is congratulating Mataaho Collective for winning the Golden Lion for best participant in the main exhibition at the Venice Biennale. "Congratulations to the Mataaho Collective for winning one of the world's most prestigious art prizes at the Venice Biennale. “It is good ...
The Government is reforming financial services to improve access to home loans and other lending, and strengthen customer protections, Commerce and Consumer Affairs Minister Andrew Bayly and Housing Minister Chris Bishop announced today. “Our coalition Government is committed to rebuilding the economy and making life simpler by cutting red tape. We are ...
“China remains a strong commercial opportunity for Kiwi exporters as Chinese businesses and consumers continue to value our high-quality safe produce,” Trade and Agriculture Minister Todd McClay says. Mr McClay has returned to New Zealand following visits to Beijing, Harbin and Shanghai where he met ministers, governors and mayors and engaged in trade and agricultural events with the New ...
Prime Minister Christopher Luxon has completed a successful trip to Singapore, Thailand and the Philippines, deepening relationships and capitalising on opportunities. Mr Luxon was accompanied by a business delegation and says the choice of countries represents the priority the New Zealand Government places on South East Asia, and our relationships in ...
New Zealand is demonstrating its commitment to reducing global greenhouse emissions, and supporting clean energy transition in South East Asia, through a contribution of NZ$41 million (US$25 million) in climate finance to the Asian Development Bank (ADB)-led Energy Transition Mechanism (ETM). Prime Minister Christopher Luxon and Climate Change Minister Simon Watts announced ...
The Government is today releasing a list of organisations who received letters about the Fast-track applications process, says RMA Reform Minister Chris Bishop. “Recently Ministers and agencies have received a series of OIA requests for a list of organisations to whom I wrote with information on applying to have a ...
Attorney-General Judith Collins today announced the appointment of Wellington Barrister David Jonathan Boldt as a Judge of the High Court, and the Honourable Justice Matthew Palmer as a Judge of the Court of Appeal. Justice Boldt graduated with an LLB from Victoria University of Wellington in 1990, and also holds ...
Education Minister Erica Stanford will lead the New Zealand delegation at the 2024 International Summit on the Teaching Profession (ISTP) held in Singapore. The delegation includes representatives from the Post Primary Teachers’ Association (PPTA) Te Wehengarua and the New Zealand Educational Institute (NZEI) Te Riu Roa. The summit is co-hosted ...
A stopbank upgrade project in Tairawhiti partly funded by the Government has increased flood resilience for around 7000ha of residential and horticultural land so far, Regional Development Minister Shane Jones says. Mr Jones today attended a dawn service in Gisborne to mark the end of the first stage of the ...
Foreign Affairs Minister Winston Peters will represent the Government at Anzac Day commemorations on the Gallipoli Peninsula next week and engage with senior representatives of the Turkish government in Istanbul. “The Gallipoli campaign is a defining event in our history. It will be a privilege to share the occasion ...
Science, Innovation and Technology and Defence Minister Judith Collins will next week attend the OECD Science and Technology Ministerial conference in Paris and Anzac Day commemorations in Belgium. “Science, innovation and technology have a major role to play in rebuilding our economy and achieving better health, environmental and social outcomes ...
Prime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr. The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...
The Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...
The Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...
Local Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners. “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...
The Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...
Benefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...
The Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...
The Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...
Prime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...
RMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...
Today’s announcement that inflation is down to 4 per cent is encouraging news for Kiwis, but there is more work to be done - underlining the importance of the Government’s plan to get the economy back on track, acting Finance Minister Chris Bishop says. “Inflation is now at 4 per ...
Refreshed health guidance released today will help parents and schools make informed decisions about whether their child needs to be in school, addressing one of the key issues affecting school attendance, says Associate Education Minister David Seymour. In recent years, consistently across all school terms, short-term illness or medical reasons ...
Oceans and Fisheries Minister Shane Jones is streamlining high-level oceans management while maintaining a focus on supporting the sector’s role in the export-led recovery of the economy. “I am working to realise the untapped potential of our fishing and aquaculture sector. To achieve that we need to be smarter with ...
Associate Agriculture Minister Mark Patterson is speaking at the International Wool Textile Organisation Congress in Adelaide, promoting New Zealand wool, and outlining the coalition Government’s support for the revitalisation the sector. "New Zealand’s wool exports reached $400 million in the year to 30 June 2023, and the coalition Government ...
The Government is making legislative changes to make it easier for new early learning services to be established, and for existing services to operate, Associate Education Minister David Seymour says. The changes involve repealing the network approval provisions that apply when someone wants to establish a new early learning service, ...
Changes to the Resource Management Act will align consenting for coal mining to other forms of mining to reduce barriers that are holding back economic development, Resources Minister Shane Jones says. “The inconsistent treatment of coal mining compared with other extractive activities is burdensome red tape that fails to acknowledge ...
Trade, Agriculture and Forestry Minister Todd McClay has concluded productive discussions with ministerial counterparts in Beijing today, in support of the New Zealand-China trade and economic relationship. “My meeting with Commerce Minister Wang Wentao reaffirmed the complementary nature of the bilateral trade relationship, with our Free Trade Agreement at its ...
Asia Pacific Report Students and activist staff at Australia’s University of Sydney (USyd) have set up a Gaza solidarity encampment in support of Palestinians and similar student-led protests in the United States. The camp was pitched as mass graves, crippled hospitals, thousands of civilian deaths and the near-total destruction of ...
Source: The Conversation (Au and NZ) – By James B. Dorey, Lecturer in Biological Sciences, University of Wollongong Australian teddy bear bees are cute and fluffy, but get a look at that massive (unbarbed) stinger! James Dorey Photography Most of us have been stung by a bee and we ...
Source: The Conversation (Au and NZ) – By Jen Roberts, Senior Lecturer, School of Humanities and Social Inquiry, University of Wollongong Aussie~mobs/FlickrVictor Farr, a private in the 1st Infantry Battalion, was among the first to land at Anzac Cove just before dawn on April 25 1915. Victor Farr ...
Source: The Conversation (Au and NZ) – By Gregory Moore, Senior Research Associate, School of Ecosystem and Forest Sciences, The University of Melbourne Gregory Moore I had the good fortune to care for the sugar gum at The University of Melbourne’s Burnley Gardens in Victoria where I worked for ...
Source: The Conversation (Au and NZ) – By John Hawkins, Senior Lecturer, Canberra School of Politics, Economics and Society, University of Canberra BagzhanSadvakassov/Upsplash, CC BY-SA Australia’s inflation rate has fallen for the fifth successive quarter, and it’s now less than half of what it was back in late 2022. ...
Source: The Conversation (Au and NZ) – By Rachel Ong ViforJ, ARC Future Fellow & Professor of Economics, Curtin University Just when we think the price of rentals could not get any worse, this week’s Rental Affordability Snapshot by Anglicare has revealed low-income Australians are facing a housing crisis like ...
Source: The Conversation (Au and NZ) – By Meighen McCrae, Associate Professor of Strategic & Defence Studies, Australian National University American and Australian stretcher bearers working together near the front line during the Battle of Hamel in 1918.Australian War Memorial While the AUKUS alliance is new, the Australian-American partnership ...
Source: The Conversation (Au and NZ) – By Tracey Holmes, Professorial Fellow in Sport, University of Canberra When the news broke last weekend that 23 Chinese swimmers had tested positive to a banned drug in early 2021 and were allowed to compete at the Tokyo Olympic Games six months later ...
Source: The Conversation (Au and NZ) – By Cally Jetta, Senior Lecturer and Academic Lead; College for First Nations, University of Southern Queensland Australian War MemorialAboriginal and Torres Strait Islander readers are advised this article contains names and images of deceased people, as well as sensitive historical information ...
RNZ News Melissa Lee has been ousted from New Zealand’s coalition cabinet and stripped of the Media portfolio, and Penny Simmonds has lost the Disability Issues portfolio in a reshuffle. Climate Change and Revenue Minister Simon Watts will take Lee’s spot in cabinet. Simmonds was a minister outside of cabinet. ...
Source: The Conversation (Au and NZ) – By David Lindenmayer, Professor, Fenner School of Environment and Society, Australian National University laurello/Shutterstock Some reports and popular books, such as Bill Gammage’s Biggest Estate on Earth, have argued that extensive areas of Australia’s forests were kept open through frequent burning by ...
Analysis - Christopher Luxon framing the demotion of two ministers as the portfolios getting "too complex" is a charitable way of saying they weren't up to the job. ...
Source: The Conversation (Au and NZ) – By Michelle Grattan, Professorial Fellow, University of Canberra With Jim Chalmers’s third budget on May 14, Australians will be looking for some more cost-of-living relief – beyond the tax cuts – although they have been warned extra measures will be modest. As ...
Analysis: Melissa Lee has lost the media portfolio and her spot in Cabinet after multiple failed attempts to find solutions for a media industry in crisis. On Wednesday, the Prime Minister announced Lee would be losing her spot in Cabinet along with her media and communications ministerial portfolio. The job ...
Source: The Conversation (Au and NZ) – By Simon Wilmot, Senior Lecturer, Film, Deakin University Among the many Australian who served during the second world war, there is a small group of people whose stories remain largely untold. These are the Muslim men and women who, while small in number, ...
Source: The Conversation (Au and NZ) – By Kelly Saunders, PhD Candidate, University of Canberra There has been much analysis and praise of Justice Michael Lee’s recent judgement in Bruce Lehrmann’s defamation case against Channel Ten. Many people were openly relieved to read Lee’s “forensic” and “nuanced” application of law ...
Source: The Conversation (Au and NZ) – By Kathy Gibbs, Program Director for the Bachelor of Education, Griffith University zEdward_Indy/Shutterstock Around one in 20 people has attention-deficit hyperactivity disorder (ADHD). It’s one of the most common neurodevelopmental disorders in childhood and often continues into adulthood. ADHD is diagnosed ...
The Fairer Future coalition of anti-poverty groups say Whaikaha must be properly funded going forward, and that to argue that poor financial management of the new Ministry is a red herring by the Prime Minister. ...
The Taxpayers’ Union is today congratulating Hon. Paul Goldsmith on his appointment as Minister for Media and Communications and urges him to rule out state intervention in the private media sector. ...
Asia Pacific Report The West Papuan resistance OPM leader has condemned Australian Prime Minister Anthony Albanese and US President Joe Biden, accusing their countries of “six decades of treachery” over Papuan independence. The open letter was released today by OPM chairman Jeffrey P Bomanak on the eve of ANZAC Day ...
Welcome to The Spinoff Books Confessional, in which we get to know the reading habits and quirks of New Zealanders at large. This week: writer and one of Time Magazine’s 100 most influential people of 2024, Lauren Groff.The book I wish I’d writtenIf I wish I’d written a ...
Source: The Conversation (Au and NZ) – By David Fechner, Research Fellow, Social Marketing, Griffith University mavo/Shutterstock Imagine having dinner at a restaurant. The menu offers plant-based meat alternatives made mostly from vegetables, mushrooms, legumes and wheat that mimic meat in taste, texture and smell. Despite being given that ...
“Three Strikes is a dead-end policy proposed by a dead-end government. The Three Strikes law ignores the causes of crime, instead just brutalising people already crushed by the cost of living.” ...
By Don Wiseman, RNZ Pacific senior journalist An Australian-born judge in Kiribati could well face deportation later this week after a tribunal ruling that he should be removed from his post. The tribunal’s report has just been tabled in the Kiribati Parliament and is due to be debated by MPs ...
With its clear mandate for police use, political nuances, and nuanced public trust, Denmark's insights provide valuable considerations for Australia and New Zealand. ...
Books editor Claire Mabey reviews poet Louise Wallace’s debut novel. A famous poet once said to me that he’s always suspicious when a poet publishes a novel. I never really understood why but maybe it’s something to do with cheating on your first form. Louise Wallace is a poet. She’s ...
For a few months at the turn of the millennium, TrueBliss burned bright as the biggest pop stars in the country. Alex Casey chats to two superfans who still hold the flame. During a humble backyard wedding in Nelson, 1999, one of the cordially invited guests had to excuse themselves ...
How will the recent wave of job cuts impact ethnic diversity in the media? In November last year, I was working a very busy day in the newsroom of a large online news site, interviewing whānau about their concerns over the imminent closure of one of the few puna reo ...
Source: The Conversation (Au and NZ) – By Ruth Knight, Researcher, Queensland University of Technology Have you ever felt sick at work? Perhaps you had food poisoning or the flu. Your belly hurt, or you felt tired, making it hard to concentrate and be productive. How likely would you be ...
Despite heavy criticism and an ongoing select committee process, the Police Minister says the Government will forge ahead with a ban on gang patches. ...
Source: The Conversation (Au and NZ) – By Sam Whiting, Lecturer – Creative Industries, University of South Australia Shutterstock Everyone has a favourite band, or a favourite composer, or a favourite song. There is some music which speaks to you, deeply; and other music which might be the current ...
A new survey says ‘outlook not great’ for those charged with building infrastructure, while RMA changes delight farmers and depress environmentalists, writes Anna Rawhiti-Connell in this excerpt from The Bulletin, The Spinoff’s morning news round-up. To receive The Bulletin in full each weekday, sign up here. First RMA changes announced ...
Source: The Conversation (Au and NZ) – By Olli Hellmann, Associate Professor of Political Science, University of Waikato Getty Images When New Zealanders commemorate Anzac Day on April 25, it’s not only to honour the soldiers who lost their lives in World War I and subsequent conflicts, but also ...
A leaked document shows the Canterbury/Waitaha arm of health agency Te Whatu Ora is scurrying to save $13.3 million by July. The “financial sustainability target”, which was “allocated” to Waitaha, is consistent with what’s happening in other districts, says Sarah Dalton, executive director of the Association of Salaried Medical Specialists. ...
A look at the state of the previous government’s affordable housing scheme, and what could come next.Remind me: What’s KiwiBuild again?First announced in 2012, KiwiBuild was a flagship policy of the Labour Party heading into both its 2014 and 2017 election campaigns. With Jacinda Ardern as prime minister, ...
Labour in opposition will be shocked to learn which party had six years in power but squandered any chance to make real change. Grant Robertson’s valedictory speech was a predictably entertaining trip down memory lane. The acid-tongued incoming Otago University chancellor administered a sick burn to the coalition government. He ...
Opinion: It has been announced that nine percent of roles at Oranga Tamariki will be disestablished, presumably to help fund the tax cuts promised by the coalition Government. I am reminded of the graphics used to illustrate pandemic events, where five thousand people are standing in a field and then ...
After more than two sleepless days, running through savage terrain, Greig Hamilton didn’t know if he was going to finish one of the most gruelling psychological assaults in sport. He was metres away from the finish line, a yellow gate made famous in a Netflix documentary; a race he’d dreamed ...
Loading…(function(i,s,o,g,r,a,m){var ql=document.querySelectorAll('A[quiz],DIV[quiz],A[data-quiz],DIV[data-quiz]'); if(ql){if(ql.length){for(var k=0;k<ql.length;k++){ql[k].id='quiz-embed-'+k;ql[k].href="javascript:var i=document.getElementById('quiz-embed-"+k+"');try{qz.startQuiz(i)}catch(e){i.start=1;i.style.cursor='wait';i.style.opacity='0.5'};void(0);"}}};i['QP']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','https://take.quiz-maker.com/3012/CDN/quiz-embed-v1.js','qp'); Got a good quiz question?Send Newsroom your questions. The post Newsroom daily quiz, Wednesday 24 April appeared first on Newsroom. ...
The following interview with former Green Party MP Sue Kedgley came about because she features in the new memoir Hine Toa by activist Ngāhuia te Awekōtuku; the two knew each other at the University of Auckland in the early 70s, when they were both took on leadership roles in the ...
Taiwan’s semiconductor industry is seen some as its ‘silicon shield’ against invasion – but how will overseas expansion affect that protection? The post The state of Taiwan’s silicon shield appeared first on Newsroom. ...
There’s relief for building owners bending under the weight of earthquake strengthening rules – and costs – that came into force seven years ago. Building and Construction Minister Chris Penk has announced a scheduled 2027 review of the earthquake-prone building regulations will now start this year. Owners will also get ...
COMMENTARY:By Murray Horton New Zealand needs to get tough with Israel. It’s not as if we haven’t done so before. When NZ authorities busted a Mossad operation in Auckland 20 years ago, the government didn’t say: “Oh well, Israel has the right to defend itself.” No, it arrested, prosecuted, ...
NEWSMAKERS:By Vijay Narayan, news director of FijiVillage Blessed to be part of the University of Fiji (UniFiji) faculty to continue to teach and mentor those who want to join our noble profession, and to stand for truth and justice for the people of the country. I was privileged to ...
Source: The Conversation (Au and NZ) – By Peter Martin, Visiting Fellow, Crawford School of Public Policy, Australian National University Three weeks from now, some of us will be presented with a mountain of budget papers, and just about all of us will get to hear about them on radio, ...
Source: The Conversation (Au and NZ) – By Dan Lowry, Ice Sheet & Climate Modeller, GNS Science Hugh Chittock/Antarctica New Zealand, CC BY-SA As the climate warms and Antarctica’s glaciers and ice sheets melt, the resulting rise in sea level has the potential to displace hundreds of millions of ...
The government's plan to reintroduce a three strikes regime is being strongly opposed by lawyers, who argue there is no evidence it reduces crime or helps people rehabilitate. ...
Source: The Conversation (Au and NZ) – By Dan Jerker B. Svantesson, Professor specialising in Internet law, Bond University Do Australian courts have the right to decide what foreign citizens, located overseas, view online on a foreign-owned platform? Anyone inclined to answer “yes” to this question should perhaps also ask ...
Source: The Conversation (Au and NZ) – By Giovanni E Ferreira, NHMRC Emerging Leader Research Fellow, Institute of Musculoskeletal Health, University of Sydney Last week in a post on X, owner of the platform Elon Musk recommended people look into disc replacement if they’re experiencing severe neck or back pain. ...
Source: The Conversation (Au and NZ) – By David Hayward, Emeritus Professor of Public Policy, RMIT University anek.soowannaphoom/Shutterstock NSW Treasurer Daniel Mookhey caught the headlines yesterday, courtesy of a blistering speech condemning the latest GST carve-up. New South Wales, he claimed, would be A$11.9 billion worse off over the ...
While police are "broadly in favour", the government's proposed anti-gang laws are facing pushback from lawyers, rights groups and former gang members. ...
While police are "broadly in favour", the government's proposed anti-gang laws are facing pushback from lawyers, rights groups and former gang members. ...
By Miriam Zarriga in Port Moresby Australian Prime Minister Anthony Albanese has arrived at Kokoda Station, Northern province, at the start of his state visit to Papua New Guinea. Both Albanese and Prime Minister James Marape will meet with the locals and the Northern Provincial government before they begin their ...
Source: The Conversation (Au and NZ) – By Chris Wallace, Professor, School of Politics Economics & Society, Faculty of Business Government & Law, University of Canberra Shutterstock An important principle was invoked by Prime Minister Anthony Albanese last week in defence of the government’s Future Made in Australia industry ...
https://twitter.com/domesticanimal/status/1197572264293629952
Thats even funnier when you realise the National Party Foundation has prices for 'a brick'
BUY A FOUNDATION BRICK
LEVELS 2 – 4: $500+, $1000+, $5000+
I would think the beehive basement has been well and truly 'mined' by now.
Not that the Tory rag Stuff will say anything like that, just platitudes from Bridges
Do they give people an actual brick? Or is a wall being built somewhere?
Just another brick in the wall
Still recruiting wombats.
A former Auckland Labour Party luminary came up with that idea once. We were all supposed to buy a brick for I dunno… think it was a $1000 and it would have our name engraved on it. Most of us came to the conclusion we did not want to buy a bloody brick at that price.
The idea was shelved.
Thanks weka, that is brilliant.
Good, now hopefully the piece of shit is named and never let out of jail.
https://www.stuff.co.nz/national/crime/117069680/grace-millane-murder-trial-latest-updates
name suppression stands, and reasons for that are suppressed too.
https://twitter.com/Alisonmau/status/1197738204473856000
thank fuck
this.
Nope. Moderators here will need to be vigilant.
10 years isnt the standard no parole period any more , its more like 17-18 years
This was just last week
20 years and 17 years 9 months
Quite simply put, anybody who puts this site at legal risk receives an instant permanent or at least a lengthy ban, regardless of who they are. This applies to this case and in general.
I haven't been able to find the details of the name suppression order online. Anyone?
Details of suppression orders are typically not put online.
In the usual obsolete way that the law has, they are targeted at the people present in court – including media.
However they apply to everyone.
how would the public know if they were breaching the suppression order if they don't know what it covers?
It is an issue… Essentially the link runs back into the original source sitting in the court.
Agree. I've suggested that to mods.
I think the suppression order is only temporary.
Depends on what the judge thinks is justified.
"I strangled her to death by accident" has to be the most fucked-up defence seriously contemplated by a jury since they banned the "I had to kill him because he was gay" defence. I feel embarrassed for my country that this will be getting so much coverage in the UK.
Oh you sexual puritan PM! Guess you never even wanked since you seem totally ignorant of some of some people's sexual preferences. By the way, does the name Peter Plumley-Walker ring a bell? In this case, the defence was far from 'fucked-up' in that the scenario presented was quite probable, particularly when there was evidence that the victim was not averse to BDSM practices and also had not been under any coercion regarding the 'hook-up'. Fortuitously, there was evidence to support the contention that the death was not accidental in the minds of the jury members, but this was not a certainty. It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment. Are you saying that any death related to sexual acts is comparable to gay bashing murders? Hopefully you will not die of a heart attack while in flagrante delicto. Under your perverted legal interpretation, your sexual partner could end up being incarcerated for a long time because of your over-excitement.
Bullshit. There's a world of difference between indulging someone's kink for playing at having their breath cut off and spending upwards of five minutes strangling them to death, including at least a couple of minutes spent continuing to strangle them after they've lost consciousness. That doesn't happen by accident any more than being stabbed multiple times happens by accident.
It is difficult to understand the relevance of your, "I had to kill him because he was gay" comment.
I don't see why. It's not that long ago that male defendants were succeeding in court with the defence that they panicked and killed a man for wanting to have sex with them. We put a stop to that defence, and we could put a stop to this as well if we wanted to.
On reflection, feel I should add: there's zero evidence that Grace Millane asked to have her breathing restricted, just a self-serving claim to that effect by a proven liar. Comparing her to Peter Plumley-Walker is insulting.
Don't be an idiot PM! The defence was not necessarily invalid or as you say, "fucked up". It was properly presented and appropriately tested in the Mullane case – hence the guilty verdict.
I'm surprised that as the royal we, you managed to put a stop to the "I had to kill him because he was gay" defence. Wasn't it something to do with judicial direction to temper the influence of homophobic jurors?
"We" as in the people of New Zealand, via our constituted authorities.
A defence that the victim effectively consented to their murder may not be invalid under NZ law right now, but it should be. "Accidentally" strangling someone to death is like "accidentally" stabbing them a dozen times with a knife – there's no plausible "accident" there.
So why bother with the inconvenience of evidence or trials – Duterte no doubt has a job for you. Thank goodness your concepts of 'justice' don't have a place in NZ. By the way, consent to a dangerous sexual act is not the same as consenting to being murdered. Actually, wasn't that properly raised for the consideration of the jury?
we live in a society that can't even manage consent for non-dangerous sex across the population*, I think arguing that consent is the relevant issue here misses the elephant in the living room.
*by which I mean men.
So why bother with the inconvenience of evidence or trials
Because it has to be established that the accused is in fact the murderer. If the accused admits to being the murderer but pleads not guilty, as this one did, the trial should be pretty short because the defence of "I strangled her to death by accident" shouldn't be available.
And if that were to make men feel that squeezing women's throats during sex just wasn't worth the thrill any more, I'm not seeing any down side to that.
By the way, consent to a dangerous sexual act is not the same as consenting to being murdered.
First, there's no evidence Grace Millane consented to a dangerous sexual act. Second, yes that was considered by the jury and rightly rejected on the basis that, even if the accused didn't have intent to kill he was reckless in continuing to do something that was likely to kill his victim.
The Crimes Act says people can't consent to being killed, so in a sense, that's provided for. The issue here is where the line is drawn on what people can consent to. Can someone consent to sexual activity that may result in death? Common law on the issue is that consent to bodily harm requires a public interest test, so surgery is fine, but BDSM has not been heavily tested in this area, and while light pressure on the neck is not bodily harm, it's a fine line between that and unconsciousness, which is probably not acceptable.
But it is still a defense for women "I killed him because he tried to have sex with me against my will".
Men being raped, is still treated as a joke.
Can you give some examples of where that defence is used KJT?
(it would be good if we could avoid use the term sex when talking about rape).
Self-defence is still a defence for everybody, not just women.
"Are you saying that any death related to sexual acts is comparable to gay bashing murders?"
no, but I am close to saying that any man who chooses to have sex that involves strangulation of his partner, should know that they will not be able to use 'sex gone wrong' as a defence and can expect to face a murder charge. It then becomes a simple choice of is this pleasure worth the risk?
My reason for this is that there is an emerging trend of women being murdered and this defence being used. You can have a look at the UK, where the law is different than in the NZ and there are greater numbers of this defence being used.
https://wecantconsenttothis.uk/ (content warning for descriptions of extreme sexual and physical violence against women)
People's kink is a personal thing but at at societal level I don't think the right to one kind of pleasure trumps the right to be free from the risk of murder. People in the kink and BDSM communities are saying that there are safe ways to do this sex act, so it's on individuals to learn those skills if they want to do it. Watching something on youtube probably doesn't count.
I also think it's on those communities to speak out against the act as something for lay people to do and to push back against things like sharing on social media how to strangle women without killing them. I have no doubt that people skilled in this kink know what they are doing, but likewise I have no doubt that there are sadistic fucks doing it without regard for the wellbeing of their partner or motivated by the need to cause harm. That latter group not being restricted to the men who kill their partners.
There's also the issue of the number of women feeling pressured to have this kind of sex. There's a societal balance to be had between promoting sex positivity and not promoting violence or degradation of women. The latter is already a significant problem, exacerbated by the kinds of porn that many men are using, and it's obvious that strangulation is now a part of that dynamic. Don't believe me? Spend some time online listening to what women are saying.
Thanks for putting this information out here weka. I too have been noticing an increasing number of reports internationally along the 'consensual rough sex gone bad' defense line and I have the sense that it is a significant part of the increase in misogynistic trends.
SSDD, but now being packaged differently.
Yep. Time we went for nuance and got past the binary thinking that this a sex positivity vs prudery issue. We can't have a sex positive culture when rape culture misogyny not only exists but is developing new forms off the back of sex positive culture.
Firstly…aficionados of 'kink' need to understand that there is very little new or innovative in what they're into. It has, quite possibly, been done before .
Secondly, there needs to be some serious thinking and discussion of what is acceptable kink, and what is rape and abuse and murder in disguise.
I am pretty sure anyone who wants to know his name already does
[Don’t play with fire because you and others might get burned – Incognito]
See my Moderation note @ 5:20 AM.
Standard is life imprisonment with a minimum non-parole period of 10 years. I'm not sure if there is anything about this crime that dictates a sentence outside that, but wouldn't surprise me if the actions afterwards earn him longer.
Not 'standard' 10 years anymore its more like 17-18 years
A sentence last week for murder for 2 defendants gave 20 yrs and 17 yrs 9 months
One of them had a first strike, and they committed murder as part of a robbery, so they automatically met the criteria for minimum of 17 years non-parole.
Nothing to do with previous first strike
The legislation says
(a) if the murder was committed in an attempt to avoid the detection, prosecution, or conviction of any person for any offence or in any other way to attempt to subvert the course of justice; or
(b) if the murder involved calculated or lengthy planning, including making an arrangement under which money or anything of value passes (or is intended to pass) from one person to another; or
(c) if the murder involved the unlawful entry into, or unlawful presence in, a dwelling place; or
(d) if the murder was committed in the course of another serious offence; or
(e) if the murder was committed with a high level of brutality, cruelty, depravity, or callousness; or
(ea) if the murder was committed as part of a terrorist act (as defined in section 5(1) of the Terrorism Suppression Act 2002); or
(f) if the deceased was a constable or a prison officer acting in the course of his or her duty; or
(g) if the deceased was particularly vulnerable because of his or her age, health, or because of any other factor; or
(h) if the offender has been convicted of 2 or more counts of murder, whether or not arising from the same circumstances; or
(i) in any other exceptional circumstances.
https://en.wikipedia.org/wiki/Life_imprisonment_in_New_Zealand
I read the sentencing order, the first strike definitely had an impact. In part, because the previous convictions were used as a reason to uplift the sentence, but also because of section 86E of the Sentencing Act:
"When murder is a stage-2 or stage-3 offence
(1) This section applies if—
(a) an offender is convicted of murder; and
(b) that murder is a stage-2 offence or a stage-3 offence.
(2) If this section applies, the court must—
(a) sentence the offender to imprisonment for life for that murder; and
(b) order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.
(3) If the court does not make an order under subsection (2)(b), the court must give written reasons for not doing so.
(4) If the court does not make an order under subsection (2)(b), the court must,—
(a) if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and
(b) if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a) would be manifestly unjust, order that the offender serve a minimum period of imprisonment in accordance with section 103.
(5) If, in the case of a stage-3 offence, the court imposes under subsection (4)(a) a minimum period of imprisonment of less than 20 years, the court must give written reasons for doing so.
(6) If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b) and the offender does not, at the time of sentencing, have a record of final warning, the court must—
(a) warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and
(b) record that the offender has been warned in accordance with paragraph (a).
(7) It is not necessary for a Judge to use a particular form of words in giving the warning.
(8) On the entry of a record under subsection (6)(b), the offender has a record of final warning.
(9) The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a)."
The judge found that a sentence of life without parole would be manifestly unjust, but landed on 20 years 9 months after considering all the factors.
Is this a caption contest? If it is I'm in;
Taxpayers pay to promote fishing show.
Alwyn, all that was necessary was for you (or anyone) to point out that I'd missed one.
I'm not a lawyer, so I err on the side of caution. Two mods have pointed out the need for caution here. Repeating what I had just deleted from your previous comment is either incredibly stupid or you think you get to decide what puts the site at risk (you don't). Do that again and expect a ban.
Yes. That was all I was trying to show.
I'm glad to see you have removed all the offending comments.
I need you to acknowledge what I just said. You cannot repeat something that has been deleted by a mod, even to tell a mod to remove another comment. It puts the site at risk. You're in premod until this gets sorted out.
Well can you please tell me how I can try and bring something to the attention of a moderator without it appearing on the blog?
Would it work if I was to corrupt the Mail address? If I put xxxxx@windowslive.com say would it get flagged to be looked at without going straight to the blog? After all that would be flagged as being a new commentator wouldn't it and go into moderation automatically.
Then I could say something like –
"Don't publish this.
Look at comment by Fred. He appears to me to be breaching the suppression order when he says xyz."
Would that get to a moderator and only a moderator? If it did it would seem to let me give a warning without making it public.
Or does just warning a moderator count as breaching a suppression order and get everyone in trouble?
I realise what you are on about. The problem I had was that you deleted my comment, which was fine by me, but you had missed the other ones that were even more explicit and that I was trying to bring up as being, possibly, out of line.
I thought I should make another attempt to warn you. The alternative is simply to take no action at all when a warning of some kind is appropriate.
[you seem to still be missing the key point here. Commenters ARE NOT ALLOWED to repost material that has been deleted, especially where it was deleted because it put the site at risk. If you do it is likely you will get a long ban. The only reason you haven’t is because the two mods looking at this think it’s better for the community for this exchange to be instructional.
There is zero problem with pointing out to moderators any problematic comment. Just don’t copy and paste or paraphrase it. In this case a simple reply to me saying “comment x.x.x seems to be an issue as well” or similar would have worked. Giving a link to the specific comment always helps.
Yes, making a comment with a changed name or email address will drop it into moderation (assuming it’s not been used before). Please don’t put legally problematic content in that comment, but as above give a reference to the comment you want the mods to look at, a link is best. Don’t tell mods what to do, instead let them know there is a potential problem. – weka]
mod note for you above.
Ok. I have read it and will do what you say.
"Crime, once exposed, has no refuge but in audacity." — Roman historian Tacitus