The S-Files

Sensible Sentencing

Garth McVicar of Sensible Sentencing Trust will be pleased. His nemesis, Kim Workman of Rethinking Crime and Punishment must be having conniptions.

A Christchurch judge has come down hard on Christchurch offenders who have been caught breaking the law in the midst of a state of civil emergency. Our Award Committee has convened and voted to bestow the Contra Celsum S-Award upon Judge Tony Couch.

Citation:

According to the NZ Herald:

"In the present state of emergency, the police have far, far more important things to do than to check up on whether you are complying with a 24-hour curfew." In refusing bail to 18-year-old Justin Humphreys on a relatively minor bail breach charge, Judge Tony Couch sent a stern message to Christchurch. Behave in this crisis or face the consequences. . . .

One of those was James Kevin Hogan. The house where the 40-year-old lived in Opawa was destroyed during the quake and on March 1 he allegedly assaulted his partner, before resisting arrest when police stepped in.

Duty solicitor Andrew McCormack asked for bail, with stringent conditions, saying Hogan lost his temper while distraught after the earthquake and was unable to buy medicine to help control his depression.

Judge Couch was not moved to release him into the community. . . . "It involves a serious assault, of male upon female, it was then subsequent assaults on police who sought to intervene. The fact that the current emergency does exist aggravates the matter because police have many important duties to perform in the community during this time," said Judge Couch.

"It is totally unacceptable that somebody in Mr Hogan's position should be assaulting them doing their duty."

As all future court dates have been adjourned until May 3, Hogan protested about the two-month stretch behind bars. "So I'm looking at three months away?"

In debating the award the only contentious issue raised by the Committee was why such thinking and reasoning does not apply all the time. Sure, the offending is exacerbated due to the civil emergency, but we note that none of these offenders were looting or praying upon those hard hit by the quake. The principle stressed by Judge Couch was taking up police time while there were far more important things to do.

We would like to see this principle applied consistently and at all times. Minor offences have consequences--one of which is distracting police from more serious capital crime solving.

Our Committee also appreciated the sub-text: take responsibility for yourself, or face the consequences.

The Committee is pleased to bestow the S-Award, Class I upon Judge Couch, for actions in the application of justice that have been Sound, Salutary, and Sober.