nzherald.co.nz

Keeping Mum: 'Just when you think we're getting somewhere with child abuse...'

By Dita De Boni
11:00 AM Wednesday Aug 15, 2012
Photo / Thinkstock

Photo / Thinkstock

When we think people are beginning to wake up to the various forms of violence that can destroy a child's life; when 'tougher choices' are being debated by politicians, we get a clear message from our courts - yet again - that the judiciary are asleep at the wheel.

Judge Mary Peters has given 20-year-old James Robert Hall a paltry year on home detention for his sadistic and cruel "care-giving" of his five-month-old daughter, which included breaking her legs in five places.

He admitted his guilt, and was 17 at the time of the offending, and for these two factors, got the pathetic starting point of three-years-three-months cut back to the point where the "punishment" has become virtually meaningless.

A man (or woman) who can, with obvious intent and possible pleasure, break a baby's legs, is not a normal human being. Most 17-year-olds would never do this to a baby. This man is disturbed. He's not allowed near his own partner and daughter for a year, but there is nothing to stop him fathering more children, even while on home detention. He's got many more years of fertility ahead. God help us.

It seems that if you are a sex offender there is no end to the hue and cry your movements cause, which is as it should be. But when will we - and our judiciary - take on board the fact that a violence is every bit as ruinous and indefensible? Where is the "child abusers" register? The public meetings? The shame?

Sometimes it is hard to understand where Garth McVicar and co are coming from, but they are certainly, slowly winning the PR fight to have some sunlight thrown on the workings of the judiciary - and it's judgements like this that underscore their points perfectly. If James Robert Hall comes before the courts again for child abuse - and who would bet on the fact he won't? - it would be nice to think that Judge Mary Peters might have to answer for this absolutely ridiculous decision - one that essentially says a young man's on-going ability to train as a decorator is far more important than the safety and sanctity of a helpless baby entrusted to his care.

Due to an increasing number of unpublishable emails, the comment function has been removed from this article.

By Dita De Boni
Han (South Auckland) | 02:24PM Wednesday, 15 Aug 2012
As a surviour of sexual abuse as a child I want there to be way harsher laws. People who can cause permenant physiological and/or physical scarring need to be locked up and have the key thrown away. Men and women who do don't deserve to live in the community with the rest of soceity. My life was shattered my the events of my youth and I have had a very hard life because of it.
Melanie () | 02:24PM Wednesday, 15 Aug 2012
I completely agree. I was horrified on reading the ridiculous sentence he received. He admitted he did that to his own child knowing he would be hurting her. It actually prompted me to send an email to the Sensible Sentencing Trust myself. Aghast that the Judge even said that home detention should not be seen as a soft option - is she joking?
Thomas AB (New Zealand) | 02:24PM Wednesday, 15 Aug 2012
Totally agree.
The punishment should be 7 years for each count, makes 35 years for five leg breaks; then maybe a discount for his youth and guilty plea. That makes it about 30 years hard labour in my book.
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