KEY POINTS:
Celebrities need to get the message: the public is sick of watching as well-known defendants appear to use their position to get lighter sentences, says a leading justice system critic.
Sensible Sentencing Trust head Garth McVicar yesterday blasted the sentence handed down to convicted fraudster Brent Todd.
Todd,
a former Kiwi league international and reality television star, last week copped a year's home detention and 190 hours' community work after admitting stealing $2 million in pokie machine grants.
But within days of sentencing, the news was out: the 43-year-old had been seen lounging in the sun and lifting weights at best pal Matthew Ridge's home, where he is serving his sentence.
The terms of the 28-test veteran's sentence also allow him to hold a day job at Ridge's vehicle-grooming business, then mind the door at a central city bar at night.
In another case, less than a week later, pharmacist Peter Chiew appeared in court after admitting fraudulently claiming $221,000 in government subsidies for prescriptions that were never collected.
By the time sentencing came around, Chiew had repaid $220,000, and stumped up an extra $50,000 towards investigation costs.
Like Todd, he received a year's home detention, but 300 hours' community work.
Judge Nevin Dawson told Chiew he had been "on the cusp" of going to jail, for what was an "enormous amount in anyone's language".
But McVicar says such sentencing disparities leave him in "no doubt the celebrities are getting an easier ride than normal people".
"[Celebrities] should be setting an example for others. Young people are very easily influenced by role models.
"If a role model goes off the tracks, the courts should be sending a deterrent message."
Preventing Violence in the Home executive director Jane Drumm believes celebrities - particularly sports stars - often receive an easy run when they fall foul of the law.
"With the glory of being a famous person, you also should have the some sense of responsibility to be a role model, because that's what you are being put up as."
Ms Drumm says when celebrities seem to get away with violent behaviour - whether against a wife or partner, or a stranger in a bar - it tends to trivialise the offending.
"I think that regardless of who you are, everyone should have the same access to the law."
Women's Refuge chief executive Heather Henare agrees celebrities have long appeared to get lenient treatment from the courts, and wants some "fairness across the board".
"Each person should be treated on the merits of their case, as opposed to who they are." .
But Palmerston North lawyer Peter Coles, who last week represented former top jockey Leanne Isherwood on methamphetamine charges, rejects any suggestion that celebrities get off lightly. "Any time you have got that degree of public interest there's always pressure."
Isherwood dodged a prison term, receiving 12 months home detention after admitting charges of possession of methamphetamine for supply, possession of a pipe to consume it and possession of cannabis.
She was arrested during a police raid on a meth lab in Otaki on the Kapiti Coast. A search of her vehicle had uncovered 2.7g of meth worth between $2000 and $2700, electronic scales, a glass pipe, $6900 cash, and four foil packs of cannabis. A further $700 in cash was found in her pocket.
But Coles - who represented professional fighter Paul Kingi during his protracted hearings on manslaughter charges - said Isherwood's sentence would likely be the same for anyone with a similar criminal history.
Coles believes celebrities get a harder time than the average criminal, particularly for especially high-profile offending. "Judges could feel that the public is watching, and perhaps they [feel they] have to take a hard line."
The well known also suffer when the press takes an interest, he says.
Many celebrities are convicted of minor crimes that in the normal course of events would not normally attract media interest.
Hall Of Shame
OCTOBER 1998 Commonwealth Games decathlete Simon Poelman cops a five-and-a-half-year sentence for smuggling 2000 Ecstasy tablets inside a toy rabbit. He was released early on home detention, which he served at his mother's North Shore home.
FEBRUARY 1999 Tearful All Black hooker Norm Hewitt admits a drinking problem after smashing a window during a weekend drinking binge in Queenstown. No charges filed.
NOVEMBER 2002 Former All Black and league star Matthew Ridge is stopped by police after allegedly driving outside the terms of his limited licence. He reportedly had to be pepper sprayed by police. The matter was later dropped after officers admitted a "technical error" in the prosecution.
JANUARY 2004 All Black Sam Tuitupou has a criminal charge of fighting in a public place dropped after cutting a private deal with the police. The charge was withdrawn after he agreed to pay $100 to charity and only became public after police were ordered to disclose details to the Herald.
DECEMBER 2004 An All Black receives a discharge without conviction after pleading guilty in December 2004 to assaulting his wife. He is granted permanent name suppression.
MAY 2005 All Black Norm Maxwell apologises and pays $700 to charity as part of the police diversion scheme after being charged with assaulting a doorman.
JULY 2005 All Black Andrew Hore - with two others - is convicted and fined $2500 for killing a fur seal, a protected species.
AUGUST 2005 Former All Black and Warriors league star Marc Ellis is convicted and fined $300 plus costs for having five Ecstasy tablets. Outside court Ellis apologised.
SEPTEMBER 2006 Former Kiwi and Canberra league star Brent Todd is fined $500 for procuring cocaine. Outside court, he apologises for his actions.
DECEMBER 5, 2007 Jockey Leanne Isherwood is sentenced to 12 months' home detention after pleading guilty to possession of methamphetamine for supply, possession of a pipe to consume it and possession of cannabis.
DECEMBER 7 Todd is sentenced to one year's home detention and 190 hours' community work for his part in a $2 million pokie machine fraud.
Toddy gets down to it with the cut and polish
If fallen rugby league and television star Brent Todd is doing it hard on home detention, you wouldn't tell it from his demeanour at work.
The former Canberra Raider was happy to pose for the Weekend Herald while toiling away at pal Matthew Ridge's vehicle grooming company in Auckland's Greenlane on Thursday.
After spotting our photographer attempting to "papp" him, Todd offered to strike a few poses - chamois in hand - over a shiny Chevrolet.
His home detention anklet could be seen bulging beneath his sock.
Toddy was, however, loath to discuss terms of his home detention with a reporter.
"Look," he said, "I am happy to have my picture taken, but no questions."
But the media-savvy star of Celebrity Treasure Island did let slip that he was busy working six days a week, then serving his community work sentence on the seventh.
Todd has been doing volunteer work for the Phobic Trust since last month. He has 190 hours to serve.
