1 00:00:00,080 --> 00:00:04,520 Speaker 1: On the government asking for potentially considering minimum sentences. If 2 00:00:04,559 --> 00:00:07,120 Speaker 1: they go ahead with this, I would have absolutely no 3 00:00:07,160 --> 00:00:11,079 Speaker 1: problem whatsoever. And I realize that the judiciary are not 4 00:00:11,119 --> 00:00:13,080 Speaker 1: going to love this a la Sir Ron Young, who 5 00:00:13,119 --> 00:00:15,400 Speaker 1: was just on with us before, because it's tying their hands. 6 00:00:15,480 --> 00:00:18,239 Speaker 1: But that is actually the point, because some of the 7 00:00:18,440 --> 00:00:21,080 Speaker 1: sentencing discounts that have been handed down by judges are 8 00:00:21,120 --> 00:00:25,760 Speaker 1: frankly outrageous. And the worst case I've come across as 9 00:00:25,760 --> 00:00:27,600 Speaker 1: the one that I was talking to Ron about, which 10 00:00:27,640 --> 00:00:29,440 Speaker 1: is the case of a rapist to attack the woman 11 00:00:29,760 --> 00:00:32,839 Speaker 1: in Albert Park in Auckland Central about three years ago. 12 00:00:33,240 --> 00:00:37,040 Speaker 1: This guy was given a discount of seventy seven percent 13 00:00:37,120 --> 00:00:39,800 Speaker 1: by the judge. He was discounted for being young, He 14 00:00:39,840 --> 00:00:43,120 Speaker 1: was discounted for pleading guilty. He was discounted for being 15 00:00:43,159 --> 00:00:45,320 Speaker 1: a good boy before that, which I very much doubt. 16 00:00:45,520 --> 00:00:47,720 Speaker 1: He was discounted for being for trying to be better 17 00:00:47,800 --> 00:00:50,000 Speaker 1: after that, which I also have my doubts about. The 18 00:00:50,040 --> 00:00:53,680 Speaker 1: defense Seventy seven percent actually was not that bad because 19 00:00:53,680 --> 00:00:56,240 Speaker 1: the defense lawyer was looking for discounts totaling one hundred 20 00:00:56,280 --> 00:00:58,920 Speaker 1: and ten percent. How do you possibly discount more than 21 00:00:58,920 --> 00:01:01,560 Speaker 1: one hundred percent, But this is the game that they're playing. 22 00:01:02,040 --> 00:01:04,960 Speaker 1: Discounting to that point feels like nothing more than trying 23 00:01:04,959 --> 00:01:07,120 Speaker 1: to get as light a sentence as possible. Now. I 24 00:01:07,200 --> 00:01:10,120 Speaker 1: know that the government has already mandated that the laws 25 00:01:10,280 --> 00:01:12,440 Speaker 1: the judges are only able to limit their discounts to 26 00:01:12,480 --> 00:01:14,960 Speaker 1: forty percent, but I don't even think that that fixes 27 00:01:15,120 --> 00:01:18,200 Speaker 1: the problem entirely, hence needing a minimum, because there are 28 00:01:18,200 --> 00:01:20,480 Speaker 1: still ways to gain that right. A judge can simply 29 00:01:20,520 --> 00:01:22,960 Speaker 1: start at a very low point discounted to forty percent, 30 00:01:23,000 --> 00:01:24,520 Speaker 1: and end up at the low point that they want to. 31 00:01:25,080 --> 00:01:27,399 Speaker 1: Judges clearly seem to think that fifteen years in jail 32 00:01:27,480 --> 00:01:29,960 Speaker 1: for murder is maybe a little bit much. I don't 33 00:01:30,000 --> 00:01:32,520 Speaker 1: think that's a bit much. I think that's life. I 34 00:01:32,560 --> 00:01:35,080 Speaker 1: think if you take a life, fifteen years to me 35 00:01:35,160 --> 00:01:37,880 Speaker 1: seems like getting off quite lightly. A minimum sets a 36 00:01:37,920 --> 00:01:41,240 Speaker 1: bar below which even the craftiest judge can't fall. The 37 00:01:41,280 --> 00:01:43,800 Speaker 1: problem with it, obviously, is the risk that that becomes 38 00:01:43,880 --> 00:01:45,920 Speaker 1: the default sentence. Right but if that starts happening, we 39 00:01:45,920 --> 00:01:47,800 Speaker 1: can deal with that later. And this is not a 40 00:01:47,800 --> 00:01:50,360 Speaker 1: novel idea, by the way, It's not like we're being cruel. 41 00:01:50,400 --> 00:01:51,960 Speaker 1: They do this in the States. They do this in 42 00:01:52,000 --> 00:01:53,920 Speaker 1: the UK, they do this in Australia, they do this 43 00:01:53,960 --> 00:01:55,720 Speaker 1: in Singapore, and the list goes on, and I can 44 00:01:55,760 --> 00:01:57,520 Speaker 1: see now a case for us doing it too, because 45 00:01:57,560 --> 00:02:01,160 Speaker 1: if you are discounting three core waters of a sentence, 46 00:02:01,440 --> 00:02:04,200 Speaker 1: I think you've got a problem. For more from The 47 00:02:04,280 --> 00:02:07,280 Speaker 1: mic Asking Breakfast listen live to News Talks at B 48 00:02:07,440 --> 00:02:11,160 Speaker 1: from six am weekdays, or follow the podcast on iHeartRadio.