Friday, 21 August 2009
Continuing my theme on sentencing-in the Dominion Post this morning Judge Moran questioned why the Police had charged 3 men with intellectual disabilities for minor offences. What indeed is the point-is this to deter people with disabilities from other offending? I know nothing about the background, or the extent of their disabilities. But, the whole exercise is a complete waste of time if those men operate at a child's level, where they do not understand that what they have done is supposedly criminal. Children do the same things all the time-but are not dragged into court. Even if these men are fined, the fine would come out of a disability benefit. If they were jailed that would be inhumane. They may not not able to undertake community work-I cant say without any more information. So, what does the judge do? All he can do is discharge without conviction, or conviction and discharge. Shame on whoever thought this was a good idea.