ACCforum: Judges 'living on planet dumb arse' - Louise Nicholas - ACCforum

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

Judges 'living on planet dumb arse' - Louise Nicholas

#1 User is offline   Brucey 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 9394
  • Joined: 26-January 07
  • LocationEarth

Posted 18 March 2016 - 09:43 AM

Judges 'living on planet dumb arse' - Louise Nicholas
9:00 PM Thursday Mar 17, 2016

Posted Image Louise Nicholas arriving for the sentencing of former Malaysian diplomat Mohammed Rizalman bin Ismail at the High Court in Wellington. Photo / Mark MitchellNew Zealand judges have been slammed as living on "planet dumb arse" by a prominent sexual violence advocate following a controversial decision not to convict a man who admitted to possessing child pornography.

The 40-year-old, who cannot be named for legal reasons, pleaded guilty to 47 charges of possessing child pornography in August of last year.

The married man was discharged without conviction in Wellington District Court in November, and the decision was upheld in a judgement released today.

Victims' advocate Louise Nicholas hit out at the decision, saying it made her sick.

"What planet do some of our judges come from....oh I know, planet dumb arse," she said on Facebook.

"Geez I'm sick of shaking my head with some of the outrageous comments and decisions these idiots make."

The father-of-two was caught after a USB stick containing sexualised images of children was found on a bus and handed in to police, who subsequently searched his home.

In total, police found approximately 2412 images and one movie, choosing 47 of the most disturbing images to base the charges against the IT consultant. The images were photographs of children engaged in a variety of sexual acts, including sexual violation of the children by adults, children engaged in sexual acts with other children, and children performing sexual acts on animals.

Police appealed the decision to let the man walk free at Wellington High Court last Tuesday but failed to convince Justice Rebecca Ellis.

In a judgement released today Justice Ellis said she found the case "difficult and finely balance" but ultimately believed a conviction would be "out of all proportion to the gravity of his offending".

"He has no previous convictions of any kind. He is a family man who is devoted to his two young children. He has formerly been the principal breadwinner.

"His own explanation for downloading the objectionable material was that it was fuelled by an obsessive-compulsive desire to collect and store images that were only rare and momentarily available on the website that he accessed.

"While this explanation is unusual, the analysis of it causes shows insight and is credible."
Police, represented by prosecutor Ian Auld, argued the original district court Judge Peter Butler, had carried out the balancing test during sentencing "incorrectly".

Mr Auld condemned the previous judge's claim of the nature of offending being at the "lower end of the scale".

But defence lawyer Mike Antunovic argued that his client had an obsessive compulsive disorder.

Claiming he simply stored them away "like a stamp collection".

He denied that his client gained any form of sexual gratification from the images found in his possession.

Justice Ellis pointed out in court that a psychologist had assessed the man as being addicted to pornography but not to children.

The police's failure to provide evidence to the contrary meant she agreed with the district court judge's decision, she said.

The court documents stated the IT consultant cooperated fully with police, admitted his offence and entered a guilty plea at an early stage.

He was assessed as being genuinely remorseful and revealed he attends weekly meetings of a 12 step addiction programme to address his addiction to pornography.

Justice Ellis added: "In this case, I consider it was open to the judge to reach the conclusion he did on the material before him. Indeed, I agree with him that it is self-evident that 47 convictions for possession of child pornography would essentially make it impossible for him to get a job in the IT field and would have devastating effects on his family.

"I do not for moment underestimate the terrible and lasting harm that is wrought by the child pornography industry and those who support it - whether by viewing, downloading, distributing or creating such material."


http://www.nzherald....jectid=11607445
- NZ Herald


0

#2 User is offline   not their victim 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 10829
  • Joined: 04-August 08

Posted 18 March 2016 - 10:02 AM

former circuit acc judges were ruling from the bench...

unacceptable for political appointments..

at least the newer circuit Judges are using Investigative methods and actually ruling to law ....
0

#3 User is offline   REX 

  • Advanced Member
  • PipPipPip
  • Group: Members
  • Posts: 2653
  • Joined: 16-July 09

Posted 18 March 2016 - 11:49 AM

View Postnot their victim, on 18 March 2016 - 10:02 AM, said:

former circuit acc judges were ruling from the bench...

unacceptable for political appointments..

at least the newer circuit Judges are using Investigative methods and actually ruling to law ....



That comment doesn't make any sense

This isn't an acc case, the article posted was recent and the judges rule on the evidence. There' s no real investigative approach.:wacko:/> Posted Image

Anyway

Quote

Justice Ellis said she found the case "difficult and finely balance" but ultimately believed a conviction would be "out of all proportion to the gravity of his offending".


Thats just sad as paedophiles who are caught with child pornography will use this case sentence as an example, and which doesn't treat this type of offending seriously.

Quote

In total, police found approximately 2412 images and one movie, choosing 47 of the most disturbing images to base the charges against the IT consultant. The images were photographs of children engaged in a variety of sexual acts, including sexual violation of the children by adults, children engaged in sexual acts with other children, and children performing sexual acts on animals
.

Quote

"His own explanation for downloading the objectionable material was that it was fuelled by an obsessive-compulsive desire to collect and store images that were only rare and momentarily available on the website that he accessed.

"While this explanation is unusual, the analysis of it causes shows insight and is credible."


Yuk I feel sick too Louise Nicholas :(/>
I'm amazed at what 'Brucey' shows a keen interest in............
1

#4 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 05 April 2016 - 03:59 PM

Judge backs decision not to convict man with 2412 child sex images

JESSY EDWARDS AND JOEL MAXWELL

Last updated 18:19, March 17 2016


http://www.stuff.co....hild-sex-images

New Zealand has been called naive about the dark world of child sex exploitation, as a decision not to convict a man with a collection of child sex images is upheld.

The pictures, downloaded from a Russian website, included photos of children being sexually violated by adults, engaged in sex acts with other children, and being forced to perform sex acts on animals.

A 40-year-old IT professional, whose name is suppressed, was discharged without conviction in Wellington District Court in November, after admitting 47 counts of possessing objectionable material.

Police appealed against the decision, which has been upheld by Justice Rebecca Ellis in the High Court in Wellington.

READ MORE:
* Wellington child pornography offender discharged without conviction
* Police appeal child porn decision in the High Court

She accepted his lawyer's argument that he had an obsessive-compulsive disorder, and simply stored them away "like a stamp collection", never to be looked at again.

But Warren Ferdinandus, director of anti-child exploitation group Ecpat NZ, said New Zealanders were "naive" about the child sex trade in places such as Asia and Russia.

It came with "a lot of abuse ... a lot of rape, a lot of trafficking", he said.

Sensible Sentencing Trust founder Garth McVicar
said he was appalled by the decision.

"I know this is only seen as looking at porn, but the image they look at reflects a real victim somewhere."


The decision showed why New Zealand had a terrible record of abuse against children and women.

"In situations like this you shake your head in horror, but when you get beyond [that] ... you've got to seriously question what on earth's going on.

"Is there a belief in New Zealand that this sort of behaviour is OK?"

Police, fronted by prosecutor Ian Auld, argued in their appeal that district court judge Peter Butler had carried out the balancing test during sentencing "incorrectly", and was wrong in assessing the offending as being at the "lower end of the scale".

But in a judgment released on Thursday, Ellis said she would also have ruled "narrowly" to grant the man a discharge without conviction.

The argument that he merely collected the images, as a symptom of obsessive compulsive disorder, was "unusual" but credible, she said. A pyschologist had assessed him as being addicted to pornography, but not attracted to children.

She went on to rule that the man had led an otherwise "exemplary life".

"He is a family man who is devoted to his two young children. He has formerly been the principal breadwinner."

She said a conviction would almost certainly be a "complete bar to his future employment in the IT field" and would have a severe impact on his family.

She found the case "difficult and finely balanced", but in the end believed a conviction would be "out of all proportion to the gravity of his offending".

However, she said she did not take the harm of child exploitation images lightly.

"I do not for one moment underestimate the terrible and lasting harm that is wrought by the child pornography industry, and those who support it – whether by viewing, downloading, distributing or creating such material."

The man's offending came to light after a USB with the images on it was found on a bus, and handed in to police.

Police found about 2412 images and one movie on it. They chose 47 images on which to base charges.

Defence lawyer Mike Antunovic​ argued that the man got no sexual gratification from the photos, and merely stored them away.

There was a huge range of mitigating factors, he said, including co-operation with police, a guilty plea, remorse, and strong support from his family.

Netsafe executive director Martin Cocker said the Department of Internal Affairs ran a web filter aiming to block child sex images from getting to New Zealand.

"When we know there are images on websites or there are websites that provide these images, they can be taken off in their entirety."

The filter couldn't stop it all, he said, but it made it more difficult for people to access the images.

"It's removing an argument that 'I accidentally joined one of these porn trading rings'. Because people have to take significant steps to become part of them."

In the past, people with an interest in child sex images were "relatively isolated" from each other. "What the internet has done has connected them together as groups and encouraged more trading of content."

Police senior media adviser Rachel Purdom said police were yet to decide whether they would appeal further.



- Stuff
0

#5 User is offline   hukildaspida 

  • Advanced Member
  • PipPipPip
  • Group: Member
  • Posts: 3353
  • Joined: 24-August 07

Posted 05 April 2016 - 04:02 PM

Around the same time this came out from the Pitcairn Islands.
They named the offender and is likely to spend time in a New Zealand jail.
There's some interesting feedback on related articles that should be taken onboard.


Most of Remote Island's Men Guilty of Child Sex Crimes
The latest from Pitcairn Island is a former mayor

http://www.newser.co...sex-crimes.html


By Luke Roney, Newser Staff
Posted Mar 12, 2016 11:35 AM CST


(Newser) – Efforts to rehabilitate the image of a tiny British territory in the South Pacific that was rocked by a 2004 sex abuse scandal have hit a roadblock. The former mayor of Pitcairn Island has been convicted of possessing more than 1,000 images and videos showing the sexual abuse of children, reports Vice, which notes that Michael Warren is the eighth man of the island's male population of about 12 to be accused of sex crimes against children. The island's total population is about 50. Prosecutors say Warren, mayor between 2008 and 2013, began downloading the images more than a decade ago, the Guardian reports. Warren's possession of the images was first discovered when he mistakenly sent an email to a diplomatic staff member from an email address linked to a chat site containing explicit images.

Warren downloaded the images during a period in which he was working in child protection on the island. Initially, he defended himself by saying he did so to understand child pornography after the 2004 scandal, in which seven of the island's men were accused of 55 sex crimes. Defendants in that trial argued that sex between men and young girls was a cultural tradition on Pitcairn. Those men received sentences ranging from community service to six years in prison, while Warren was sentenced to 20 months. It is unclear if he will serve the sentence in New Zealand, where the island's legal proceedings are conducted, or as the sole inmate of Pitcairn's prison, which was constructed by islanders convicted of sex crimes. The island desperately needs new immigrants to survive, and Warren's case surely won't help. (In the US, some former vets are now going after child predators.)

Asia & Pacific
More Than Half the Men on This Tiny Pacific Island Have Been Convicted of Child Sex Crimes
https://news.vice.co...ild-sex-scandal

By VICE News
March 8, 2016 | 3:20 am
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users