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Home / Bay of Plenty Times

Editorial: Gang fine of $200 too light

By by Scott Inglis
Bay of Plenty Times·
8 Sep, 2011 03:20 AM3 mins to read

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For the second time this week, we have decided to editorialise on court sentences.

On Tuesday, Annemarie Quill quite rightly criticised a judge's ruling on the case of the comedian who pleaded guilty to performing an indecent act on his 4-year-old daughter.

The judge discharged the comedian without conviction in Auckland - which provoked howls of outrage.

I too could not believe the judge's decision. What this comedian did was truly sickening and I thought it sent a terrible message to the victims and society.

Now, another sentence is under fire - this time it's a case in the Tauranga District Court.

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As reported on page one of the Bay of Plenty Times today, Tauranga's Filthy Few gang was fined for setting up an illegal bar at its headquarters.

The Judea-based motorcycle club faced a maximum fine of $20,000.

Judge Alayne Wills handed down a $200 fine.

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The Tauranga branch of Sensible Sentencing describes the fine as disgraceful and outrageous. I am sure there will be a number of readers who agree.

The gang's offending, running a bar on private premises, is not the biggest crime in the Bay.

It appears these guys haven't hurt anyone and are simply minding their own business on private property. Some people might say: Who cares?

There is a degree of merit in this argument. Could the police have better spent their time chasing down people who have actually hurt others?

But the law is the law. We have these rules for a reason and it's up to the police to enforce them.

Imagine if anyone could simply set up a bar and sell alcohol when and wherever they liked, without oversight of a proper licensing regime. I would imagine we'd end up with all sorts of mayhem and ultimately people would get hurt - most likely minors or other vulnerable people in our community.

The liquor licensing scheme ensures people who sell alcohol are proper and fit people. It ensures we don't have dodgy people or criminals exchanging grog for cash.

The problem in the Filthy Few case is the fine is based on a previous Tauranga case, which set a precedent.

A $200 fine seems manifestly light. Something around $5000 would have been more appropriate.

Yes, the gang has had to forfeit about $3000 worth of alcohol but Ken Evans of Sensible Sentencing is right - that should have nothing to do with the fine.

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It sends a message to the community that if you want to set up a bar and charge people for booze and get caught, the most you are likely to pay is a few hundred dollars.

Maximum sentences have become meaningless.

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