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3 Strikes and you're OUT! (Law passes)

3 Strikes and you’re OUT! (Law passes)

So the recent Three Strikes law (Sentencing and Parole Reform Bill 2009) was passed last night on a vote of 63-58, with National and ACT supporting it, the law will take affect in a few days, so get up to speed. The following details the types of crimes which will get you an automatic strike and if you get three, then you’re going away for 20 years with no parole.

The law works like this and only will apply to people over 18 and it is not retrospective.

Offenders who commit one of the 40 crimes will be sentenced as normal, with the usual parole eligibility, for a first strike. A second strike will bring a sentence under normal criteria, but the jail term must be served with no parole unless doing so would be manifestly unjust. A third strike will bring a maximum sentence for that crime, with no parole.

There are definitely some crimes that NEED to be on there and a few that have raised eyebrows in our office anyway.

Here is the list with max sentences:

  1. Murder Life
  2. Manslaughter Life
  3. Sexual violation 20 years
  4. Sexual connection with consent induced by threat 14 years
  5. Sexual connection with child 14 years
  6. Attempted murder 14 years
  7. Wounding with intent to cause grievous bodily harm (GBH) 14 years
  8. Compelling indecent act with animal 14 years
  9. Using firearm against law enforcement officer 14 years
  10. Aggravated wounding 14 years
  11. Discharging firearm or dangerous act with intent to do GBH 14 years
  12. Poisoning with intent to cause GBH 14 years
  13. Infecting with disease 14 years
  14. Abduction for purposes of marriage or sexual connection 14 years
  15. Kidnapping 14 years
  16. Aggravated burglary 14 years
  17. Aggravated robbery 14 years
  18. GBH or assault with intent to rob in specified circumstances 14 years
  19. Attempted sexual violation and assault with intent to commit sexual violation 10 years
  20. Attempted sexual connection with child 10 years
  21. Indecent act on child 10 years
  22. Sexual connection with young person 10 years
  23. Attempted sexual connection with young person 10 years
  24. Exploitative sexual connection with person with significant impairment 10 years
  25. Attempted exploitative sexual connection with person with significant impairment 10 years
  26. Counselling or attempting to procure murder 10 years
  27. Conspiracy to murder 10 years
  28. Injuring with intent to cause GBH 10 years
  29. Using firearm with intent to resist arrest or detention 10 years
  30. Commission of crime with firearm 10 years
  31. Robbery 10 years
  32. Sexual conduct with children and young people outside New Zealand 7 to 14 years
  33. Sexual connection with dependent family member under 18 7 years
  34. Attempted sexual connection with dependent family member under 18 7 years
  35. Indecent act on young person 7 years
  36. Indecent assault 7 years
  37. Wounding with intent to injure 7 years
  38. Aggravated injury 7 years
  39. Discharging firearm or dangerous act with intent to injure 7 years
  40. Assault with intent to rob 7 years

There was lively debate in Parliament last night with the Maori Party, Greens and Labour coming out stauchly opposed. However Act MP David Garrett this morning said he thought a 10-20 per cent decrease in crime because of the law was realistic.

Maori Party MP Hone Harawira said the law would not reduce crime at all.

Just by putting a guy in jail for the rest of his life doesn’t stop the fact that other people are in the same conditions and are likely to start heading down the same path.”

Nothing has been done to change the conditions.  During the debate last night Mr Harawira said the policy was “outright bloody racism” against Maori.

Corrections Minister Judith Collins, who is in charge of the bill, yesterday dismissed any suggestion that a conviction under the strike offences could be for something minor.

This bill deliberately puts in place an escalating regime of penalties, and I make no apology for that. An offender who is being sentenced at stage three has committed a third serious violent offence and has received two previous warnings about the consequences of re-offending in this way.” said Corrections Minister Judith Collins, who was in charge of the bill and dismissed any suggestion that a conviction under the strike offences could be for something minor….

We’ll just wait and see.

(9) Comments

  1. N.I

    Number 9 is a bit off! Using a firearm against ANYONE should be an offence, not just against our useless law enforcement officers!!!

  2. Mini Binder Clips

    Thanks alot : ) for your post. I would like to write my opinion that the tariff of car insurance varies from one scheme to another, given that there are so many different issues which give rise to the overall cost. For example, the make and model of the motor vehicle will have a significant bearing on the price. A reliable aged family automobile will have a more economical premium when compared to a flashy expensive car.

  3. Wayne Blackburn

    What sort of nigger web site is this any way, off couse the animals need locking up for a long time. anyone that watchs police 10/7 knows that 90% of all wanted people are maori or look like maori.

  4. Wayne Blackburn

    Its a bit rich off the maori party to complain,there are more maori in jail because they are comitting more crime, they need to be controled and the 3 stricks law will keep them locked up and not home invading my house.

  5. Gina

    Young men will be most affected - the young guys that get in a couple of bar fights! And Maori tend to be over represented in conviction rates (and less likely to get discharges without conviction)

  6. Rob

    It's a hard one yeh. Yes Maori are over-represented in crime BUT we should not forget that Maori women and children are over-represented as victims.

  7. Potaua Biasiny-Tule

    Hahaha!! Stink that corporate/white collar crime is not even mentioned. Hit someone - get a strike. Rip them off for millions - go to a holiday house in Hawaii. I'm thinking "laws for the poor and free passes for the rich"...

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