Perverse Soteriology

Soft-Touch Judiciary

Every so often in New Zealand a case comes before a judge who ends up ruling without proper regard to the safety of citizens.  Instead, the focus falls rather upon "doing kindness" to repeat offenders. 

Stuff provides the following account:

A judge has admitted he is taking a risk in not sending a man with a history of reckless driving and driving at police back to jail for the same offence.  “It’s a huge risk, and I have to acknowledge that,” Judge Tony Greig said as he spared Dillan Mclellan in the New Plymouth District Court on Wednesday.

Mclellan was being sentenced for a reckless driving incident involving a police pursuit. It took place after his release from jail for the same offending committed in 2018.  “Somebody could have died in Mr Mclellan’s last set of offending, somebody could have died in this set of offending, and if he offends again somebody could die next time.”

However, Judge Greig said it was time to take a chance on the 22-year-old.  Mclellan’s court appearance stemmed from his late night drive on January 10, two months after he had been disqualified from getting behind the wheel for a period six months.

Police spotted him on an Opunake road and attempted to pull him over.  However, Mclellan ignored the order, accelerated and hit State Highway 45 (SH45).  He crossed the centre line, causing two cars to stop, and switched off his headlights while reaching speeds of up 146kmh.  He then slammed on his breaks, completed a U-turn, crossed the centre line and drove in the opposite lane towards the pursing patrol car.  Police had to take immediate action to avoid a collision.

In court, prosecutor Georgia Milne accepted the recommended sentence for Mclellan’s latest offending was intensive supervision but said imprisonment remained the Crown’s position.  Defence lawyer Rajan Rai said his client had been in custody since January which had provided time for Mclellan to “dry out” and adjust his attitude.  He was determined to sort his life out, which included engaging with his Māori culture, Rai said.

Judge Greig said Mclellan’s latest lot of offending was almost the exact repetition of his last.  In March 2018, police had used road spikes in an attempt to stop Mclellan, who had a warrant for his arrest, south of Omata on SH45.  He had driven his van at an officer, who dived for cover, before an unsuccessful attempt to flee on foot ended in arrest.

At Wednesday's hearing, Judge Greig said a “compelling” cultural report advised Mclellan wanted to change and to lead a “solid life”.  “And so if that’s what you want to do, that’s what I want to help you with.”  He sentenced Mclellan to 18 months’ intensive supervision coupled with judicial monitoring.
 
“If you stuff up I’ll probably be the judge who re-sentences you. Good luck, Mr Mclellan.”

The fundamental error with this kind of approach to sentencing is this: innocent members of the community have to bear the risk of the offender breaching his promises of "reformed behaviour".  It is not the judge who bears the risks.  It is his neighbours and fellow citizens.  Did they have a say?  Were their concerns taken into account? Not on your nellie.   

We applaud the fact that the offender promises to reform.  It is appropriate that he engage in the variety of programmes available in prison to help remove potentially murderous behaviour. But not at the expense of the innocent public. 

We suggest that such merciful judges be allowed to apply such accommodating sentences, if they felt so inclined.  But, the priviso would need to be that the sentencing judge be made culpable for the subsequent behaviour of the repeat offender.  Such a judge would need himself to be imprisoned if the offender subsequently failed to meet all his release obligations. 

We wonder if that would change Judge Greig's particular outlook on the administration of justice?