Salient. Victoria University Student Newspaper. Vol. 38, No. 18. July 23rd 1975

From the Courts

From the Courts

Photo of the frontdoor of a courthouse

It is not often that complaints (in legal terms "appeals") are made on the severity of a penalty handed down by a magistrate but I would like to complain on behalf of a person who received an unfair penalty from a magistrate.

An unemployed waitress was charged with being in a building without lawful excuse (it was conceded by the prosecution that she had no intention to commit a crime). She entered a motel room and proceeded to watch Television without arranging anything with the management. Now she was fined $100, which for a starter was unfair, since it was her first appearance before a Court, and she was also unemployed. Certainly her act was stupid, but it was harmless and the penalty handed down just doesn't go anywhere near the case heard just minutes before, in which a man assaulted his ex-de facto wife with a pipe, bruising her face and right arm, after she told him she was going to the solo parents dance by herself. He said he lost his temper when she wouldn't do what he wanted her to. Now, he was fined $100 also, which is incredibly strange when lined up against the case of the waitress.

I regarded the assault as far more serious than the other case. Perhaps the magistrate believes the rights of motel owners are more important than the rights of [ unclear: indiuiduals] to live in their homes without being molested. The decision of the S.M. was made when he was showing the effecrs of stress under la heavy schedule. Was it his fault (on the assumption that the decision was unfair). I think it points to a fault in the system he has to work in - the job is demanding and most of the time defendents are given a fair go. But when dealing with a heavy schedule of dates to go through it is bound to take its toll - and I believe it did. Certainly the defendent waitress pleaded guilty and it just required a penalty to be given, but in the circumstances can you regard the assault and the waitress' offence to receive exactly the same penalty. The assault case was not a domestic dispute into which the police are loathe to interfere.

Perhaps the fault lies in the fact that at times the magistrate has to give split-second decisions on penalties without having time to fully consider the merits of each case.

The duty solicitor scheme was lauded when it went into operation (and rightly so) but last week I discovered that not only the scheme but also, more importantly, unrepresented defendents suffer when there is no duty solicitor present.

The scheme can't be foolproof and it relies on the goodness of counsel giving up their time, which could be used for better things.... like profit: making. Two young Maoris had the misfortune to be there on this particular day. The magistrate though took it in his stride and remanded the two in custody for a week and generously informed them they would be assigned counsel later. They weren't asked whether they wished to apply for court bail (which I feel the Police would not have opposed). So the system suffered in that two defendents did not receive an adequate chance to exercise the rights supposedly existing, for all.

Courtroom similes are rarely the result of genuine humour but an exception was seen last week when a well-known Irish character, who is frequently up in court on the well-used 'drunk in a public place' carry-on, provided light relief to all present. He explained how he had a crook ankle and couldn't walk, which was the reason he was lying down in the street....! Well, faces broadened into smiles which mushroomed round the courtroom. On previous occasions this likeable man has complained of a heart condition, Parkinson's disease and other common ailments. Perhaps drunks have a role to play in our society, or some of them at least, by making people forget the gravity of the situation for a moment, The guy seemed to radiate warmth and genuine humanness (whatever that means). So he wandered out of the courtroom, seemingly oblivious to the goings on around him, and everyone seemed happy for once.

Leigh Thomson

THE FABULOUS FURRY FREAK BROTHERS by Gillbert Shelton WHAT THIS PLACE NEEDS IS SOME CHRISTMAS SPIRIT!" I'M GOING TO GET US A CHRISTMAS TREE! YOU'RE GOING TO BREAK DOWN AND BUY FROM THE DEATH-DEALING CHRISTMAS TREE MERCHANTS? CERTAINLY NOT! I'M GOING TO GET A LIVE TREE! HOW MUCH IS THAT LITTLE FIR TREE? THAT ONE IS $39.95, SIR! ACTUALLY, I WAS LOOKING FOR SOMETHING A BIT LESS EXPENSIVE... THIS ONE IS ONLY $12.95! SANTA CLAUS DOESN'T COME SEE LITTLE BOYS AND GIRLS WHO USE LANGUAGE LIKE THAT! SLAM WHERE'S TH TREE? WHAT ARE YOU DOING WITH OUR MARI JUANA PLANT?? THERE! MERRY CHRISTMAS, WORLD! KNOCK KNOCK KNOCK CRASH! IT'S THE COPS! YOU'VE GOTTEN US BUSTED! WE SPOTTED YOU WASTING ELECTRICITY FROM DOWN IN THE STREET! WE'LL HAVE TO CONFLISCATE THOSE LIGHTS!! THE END FAT FREDDY'S CAT BY GILBERT SHELTON THE CHUBBY ONE FORGOT TO FEED ME TODAY! I'LL TURN THE TABLES! YOU! THE REFRIGERATOR HAS COME UNPLUGGED! THE FOOD IS ALL ROTTEN! WE'LL HAVE TO THROW EVERY BIT OF IT AWAY! TASTES GREAT TO ME! ME TOO! MES COMLIMENTS AU CHEF! END

Freak Brothers