MandM header image 5

Entries Tagged as 'Justice'

The “Three Strikes Bill” Moves Forward

January 19th, 2010 2 Comments

I am cautiously optimistic at today’s announcement that the Sentencing and Parole Reform Bill a.k.a. the “Three Strikes Bill” will be moving forward as part of the government’s legislative program. In my post Three Strikes: Proportion and Protection, which was published in the New Zealand Law Students Association publication LEX, I argued that the “apparent [...]

Tags:   · · ·

The Foreshore and Seabed Repeal: The Inconvenience of Due Process

July 2nd, 2009 14 Comments

That the state is not above the law but also subject to it is surely one of the foundational concepts of any just and free society. This notion has found its place in the writings of many influential philosophers, jurists and theologians, it can be found in the constitutions and bills of rights of most [...]

Tags:   · · · ·

A Counter-Point on the David Bain Re-Trial

June 26th, 2009 No Comments

David Farrar links to this interesting opinion piece in The Press on the David Bain re-trial, Plenty of Doubt in Bain Jury’s Verdict. While we normally do not link to media reports of trials, because the media tend to publish selective, sensational snippets of trials removed from their context, this piece is different. It is [...]

Tags:  

We’re Confused about the Anti-Smacking Referendum Question

June 19th, 2009 12 Comments

… we’re confused that anyone could find it confusing. The referendum question is:
Should a smack as part of good parental correction be a criminal offence in New Zealand?

Should it or shouldn’t it? It seems pretty simple to me.

According to TVNZ,
Labour leader Phil Goff says the question implies that if you vote ‘yes’ that you’re in [...]

Tags:   ·

Defamation of the Acquitted – Some Advice

June 12th, 2009 2 Comments

Due to the presumption of innocence we are all supposed to accord an accused following a not guilty verdict, please do take care in suggesting and stating any disagreement you might have in regard to a court’s decision. Defamation is a real possibility in such instances and the defamed can sue the blog/site owner, in [...]

Tags:  

David Bain 111 Call "I Shot the Prick" – Court Decisions Available Online UPDATED AGAIN

June 11th, 2009 3 Comments

Did David Bain tell the 111 operator “I shot the prick” on discovering the dead bodies of his family?
This evidence was originally suppressed “until completion of the re-trial” as, per Wilson J,
The probative value of the disputed sounds is very modest, but the risk of prejudice resulting from their introduction into the trial is very [...]

Tags:   ·

David Bain Not Guilty

June 5th, 2009 5 Comments

Well the verdict is in; David Bain didn’t do it.
I will accept the ruling of the court but I am now more than ever keen to read the judicial decision which should be available in the next few days from the sites I have mentioned previously.

Tags:  

How to Find the Reported Judicial Decision on the David Bain Re-Trial

June 3rd, 2009 3 Comments

The blogosphere has featured many posts on many blogs regarding David Bain’s guilt or innocence regarding the homicide of his family. We have refused to participate in this speculation and have made our opinions on speculating on the Bain case before the court has ruled clear. I do not intend to break this self-imposed rule [...]

Tags:   ·

Blackout Victory: s92a Scrapped

March 23rd, 2009 No Comments

The NBR reports that the controversial s92A of the Copyright Amendment Act will be scrapped.
If you recall its implementation was to be “delayed a month while ISPs and copyright holders continued efforts to work out a voluntary agreement on how it would be enforced … if they could not agree, the clause would be suspended.” [...]

Tags:   · ·

Twitter Updates on David Bain Trial?

March 8th, 2009 6 Comments

MandM have just one thing to say on the David Bain trial:

Innocent until proven guilty in a court of law.

Do not expect any commentary or speculation on the trial at MandM until the verdict is in.

Tags: