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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:
- Murder Life
- Manslaughter Life
- Sexual violation 20 years
- Sexual connection with consent induced by threat 14 years
- Sexual connection with child 14 years
- Attempted murder 14 years
- Wounding with intent to cause grievous bodily harm (GBH) 14 years
- Compelling indecent act with animal 14 years
- Using firearm against law enforcement officer 14 years
- Aggravated wounding 14 years
- Discharging firearm or dangerous act with intent to do GBH 14 years
- Poisoning with intent to cause GBH 14 years
- Infecting with disease 14 years
- Abduction for purposes of marriage or sexual connection 14 years
- Kidnapping 14 years
- Aggravated burglary 14 years
- Aggravated robbery 14 years
- GBH or assault with intent to rob in specified circumstances 14 years
- Attempted sexual violation and assault with intent to commit sexual violation 10 years
- Attempted sexual connection with child 10 years
- Indecent act on child 10 years
- Sexual connection with young person 10 years
- Attempted sexual connection with young person 10 years
- Exploitative sexual connection with person with significant impairment 10 years
- Attempted exploitative sexual connection with person with significant impairment 10 years
- Counselling or attempting to procure murder 10 years
- Conspiracy to murder 10 years
- Injuring with intent to cause GBH 10 years
- Using firearm with intent to resist arrest or detention 10 years
- Commission of crime with firearm 10 years
- Robbery 10 years
- Sexual conduct with children and young people outside New Zealand 7 to 14 years
- Sexual connection with dependent family member under 18 7 years
- Attempted sexual connection with dependent family member under 18 7 years
- Indecent act on young person 7 years
- Indecent assault 7 years
- Wounding with intent to injure 7 years
- Aggravated injury 7 years
- Discharging firearm or dangerous act with intent to injure 7 years
- 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.