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Showing posts from October, 2017

Legal advice.

Probably one of the most common questions I get asked is am I going to go to jail. Often the person will have no previous history with the police or courts. Just to talk generally there are three types of cases that attract prison sentences. They are serious drug offending, serious dishonesty offending and serious violent offending. The law has for a long time said these types of offending attract what is called deterrent sentencing. In other words the main issue is to make an example of the person to stop him from doing it again or her. It is also done to prevent others from doing the offending by showing what happens to people who do. This is called general deterrence. This means also that a persons individual and personal circumstances are less likely to be taken into account in reducing their sentence. For a person to be eligible for home detention which is a bracelet at home they must be in a position where they are going to receive a sentence of two years imprisonment or less. …

Operation 8 unfinished business.

Operation 8 was ten years ago. There were opportunities missed. Firstly the opportunity to challenge the Crowns jurisdiction over the Ureweras and Tuhoe was not taken up. In Canada indigenous tribes charged with breaking the gambling Laws challenged Ottawas jurisdiction. The trial was the longest legal case in Canadian History and an important milestone in Canadian Treaty jurisprudence. That opportunity was sitting right there to be taken. The case reached the Canadian Supreme Court R v Pamajewon. Could a challenge have been mounted as to the effect of the Arms Act within the Ureweras. I am certain it could have. Unfortunately such a concept was too much for some. I regret not going on a solo mission. The other issue that did not surface but which should have was the involvement of NZ intelligence agencies in the Operation. The level of technology used in the bugging of some participants was such that it could only have been provided by agencies further on up the line. The SIS certai…