Posts by Russell Brown
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The charge of assaulting a police officer acting in the execution of their duty carries a maximum of six months’ imprisonment. But the words do also describe the elements of the offence of aggravated assault. Such double-ups aren’t that unusual: the elements of summary offences act common assault (max 6 months) and the elements of the charge of common assault in the Crimes Act (max 1 year) are identical. But nonetheless, it is a charge labelled as aggravated assault in the the Crimes Act that Nikolas Delegat was convicted of.
I had to scan this twice before I understood it, but thank you for working it out.
I was puzzled yesterday when I read the judge's ruling on the application for a discharge without conviction, which says this:
He submits that the views of the principal victim would have been different if she had received the apology letter that had been written, that I should take into account that the Crown has seen fit to reduce the charge markedly from a charge carrying a maximum sentence of seven years’ imprisonment to one carrying a maximum of three years.
I'd been trying to work out how aggravated assault could have been this original charge carrying seven years' imprisonment.
I'd also been puzzled as to why community detention wasn't considered – but of course it is, rather briefly, in the sentencing notes:
The issue is do I give you community detention? I understand (and I could have this totally wrong though) that you intend to leave Otago, which has this drinking culture, and do your studies in either Auckland or Waikato. That is a decision for you but that causes difficulties about community detention and having any ability to control or have input into how you are going with treatment programmes and plan. Somewhat against what I would normally do in the circumstances that confront me here, I am going to deal with you by the imposition of community work.
So Delegat was able to avoid community detention by saying he'd move to Auckland (where the family home is), which would present difficulties for the Dunedin court in monitoring his detention? Is that what this means?
And I'm a bit confused by the comment about "ability to control or have input into how you are going with treatment programmes" when the judge has just basically said "I'm not going to order supervision because you come from a good family":
I do not need to be starting to look at issues relating to supervision. You are well able to and you come from a sufficiently disciplined background to enable the issues you have to be confronted, treated and assessed; I am not going to do that. There are people who do not have the opportunities that are available to you that need the help from the services that are stretched to the utmost trying to provide them. I am not going to put you on supervision.
So who's going to "control or have input into" Delegat's treatment?
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It’s been an interesting day. This afternoon, Crone’s weird climate change episode, this morning, the Chloe Swarbrick-Matt Nippert Twitter fight.
Matt harrumphed at The Spinoff’s somewhat over-egged “here comes Chloe” angle on its poll, she took it personally and there ensued a conversation they both handled badly, and which she insisted on taking public. Matt objected to it being “widecast” like that and probably unnecessarily blocked her.
That really should have been an end to it, but she then tweeted a screenshot of the block message with a pompous note (“I ask questions, and I listen. People of influence hold a lot of power. It’s sad some of them shun responsibility”), which was predictably retweeted by many others, some of whom ventured on what a rotter they’d always known Matt was.
Everything I’ve seen and heard from Chloe so far has underlined her measure and maturity, but this was the opposite. Twitter-shaming isn’t an attribute I look for in mayoral candidates.
And yes, Twitter is odd.
Meanwhile, Phil Goff did nothing interesting.
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So Crone outed herself as a climate change sceptic ....
Twitter video here.
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Hard News: The Dr G giveaway, in reply to Geoff Lealand,
Is this the same weekend as the Big Screen Symposium in Auckland (Sept 24-25)? I wonder if I can do both.
It is indeed.
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Hard News: The Dr G giveaway, in reply to B Jones,
people making the exact same mistakes in interpreting science that he highlights (eg this).
Ye gods! I have a mental image of that poor journalist being burned to a crisp.
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And yet, due credit: Orsman certainly gives the beleaguered Auckland centre-right a kicking tonight:
Yesterday, Thomas began placing red stickers over his billboards saying "PHIL GOFF = MORE OF THE SAME". He plans to stand again for the mayoralty in 2019.
Crone said Thomas' surprise announcement was very confusing.
"He is saying he has given up but wants to have another run in 2019."
Crone said it would have been good for the centre-right to unite and give Auckland what its needs and deserve, but her focus was to keep fighting right to the end.
The Herald understand Crone's campaign is struggling financially. Last month, she sent a letter to supporters seeking donations of $1500. A source close to her campaign said Crone has been trying to rustle up $10,000 for television advertising.
Crone said she had been fundraising unashamedly to get her name out there. Supporters had been incredibly generous - "sometimes they said 'yes' and sometimes 'no'", she said.
But this is interesting:
Meanwhile, three centre-right councillors, Penny Webster, Linda Cooper and Bill Cashmore, have signed a confidence and supply agreement with Auckland Future, the new centre-right ticket that has pledged to cap rates at 2 per cent, slash staff and running costs and pay down debt.
The three councillors have committed to voting as a block with Auckland Future on budgetary matters, according to the agreement.
Cashmore said he would work on a common policy but it would be irresponsible to sign the pledge. Cooper and Webster said the three had agreed to work with Auckland Future on issues and, where possible, vote together.
But Orsman sees his "Len Brown" chance – and pounces!
Cashmore and Cooper, both National Party members, and Webster, a former Act MP, have been staunch supporters of Mayor Len Brown's fiscal policies. Cashmore devised a targeted transport rate that increased household rates by 4.4 per cent to 9.9 per cent last year.
Quislings! Collaborators!
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Hard News: Orcon IRL: Vote Auckland, in reply to Sacha,
Stoked to see the most interesting candidate of the bunch finally given a spot on a panel.
The rest of the bunch aren't being very impressive.
Goff's saying as a little as possible, which I guess is pragmatic in his position. But it's hardly inspiring.
Thomas allowed himself to be humiliated for the second time in his political career today.
And Crone surrendered any right to political respectability this week by going nuts on Bernard Orsman's utterly absurd Goff not ruling out a council job for Len Brown story. The hundreds of comments under her Facebook post about it are a raging stupidfest.
And to be clear: it would be inappropriate bordering on corrupt for Phil Goff to promise to blacklist his predecessor indefinitely from public employment. And apart from anything else, as mayor Goff can appoint people to his office, but does not otherwise do the hiring.
The whole stupid story is founded on a "rumour" that Goff would be giving Brown a job. It feels a lot like a rumour that would be deemed necessary to exist by the Crome/Auckland-Nat camp. It seems desperate on the part of the journalist and the candidate.
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Access: Autism: where have we come from…, in reply to Sacha,
ndeed. That sort of thinking is rife in govt middle managers. No meaningful investment in disability awareness across public sector.
There's a political reality too. I recall the Australian election where the Lib-Nats and Labor got into a bizarre bidding war on autism funding – and it was nearly all earmarked for under six year-olds. Because helping little children means better optics ...
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Access: Autism: where have we come from…, in reply to Hilary Stace,
Holy shit this makes me angry.
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The triad involved problems – it was framed in negative clinical language ‒ with social interaction (mind blindness), communication (non or unusual use of language), and restricted interests and activities.
This was a real issue when we first started looking for information about our son. Everything was cold and clinical – until we found Barb Kirby’s O.A.S.I.S., which contained things we could connect to our family experience.
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