Problems Remain With Three Strikes Despite Law and Order Committee’s Amendments

“The proposed three strikes law will create very real injustice and distort some of the most important elements of sentencing practice in New Zealand,” says Dr Richard Ekins, Senior Lecturer at the Faculty of Law, the University of Auckland.

“Despite the changes made by the Government and the Select Committee, the Sentencing and Parole Reform Bill still requires judges to impose the maximum sentence on a third strike conviction regardless of the gravity of that particular wrong. This means the judge cannot take into account relevant aggravating and mitigating factors, such as premeditation or cooperation with the authorities, and cannot ensure that similar crimes are punished in similar ways. That is unjust,” says Ekins.

“Offenders who commit very serious crimes should be severely punished” says Ekins, “But our sentencing law should assess and respond to the particular offence the offender has committed. In making this assessment, judges have always taken into account the offender’s criminal history, along with other relevant sentencing factors.”

“Imagine a 20-year-old has accrued two strikes, robbery and then indecent assault. He is punished for these crimes but subsequently changes his ways and moves on. Twenty years later he is working as a mechanic and is negligent in repairing the brakes of a car. The car crashes, the driver dies and the mechanic is convicted of manslaughter. He should be punished for his negligence, of course, but under the proposed legislation he would have to serve the same sentence as if he had murdered the driver — the maximum sentence of life imprisonment” according to Ekins. “The judge has no discretion under the proposed law to avoid this outcome. The only discretion the judge has is to order the offender not to serve at least 20 years before applying for parole if that would be manifestly unjust. But the judge still has to order the offender to serve at least 10 years before even applying for parole. Even with this small amount of discretion it remains unjust.”

Dr Richard Ekins and his colleague Professor Warren Brookbanks will be speaking on “Three Strikes” at a free public lecture event co-hosted by Maxim Institute and the Institute of Policy Studies in Wellington on Wednesday 31 March 2010; and Auckland on Wednesday 7 April 2010.

ENDS

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