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No retrial for men who killed transsexual (New Zealand)
No retrial for men who killed transsexual (New Zealand)Two men who killed a frail Upper Hutt transsexual will not be retried for murder.
David Shaun Galloway, 20, and Phillip Christopher Sanders, 42, were convicted of manslaughter and sentenced in the High Court at Wellington last December to lengthy prison terms.
Details here
http://www.stuff.co.nz/national/crime/4713076/No-retrial-for-men-who-killed-transsexual -
3 Replies
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There is just so much wrong with this article, and not forgetting someone was killed.
It’s just one of those attention grabbing headlines to sell papers.
10 years or less? Is that all a life is worth nowdays…
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the crime certainly has all the trappings of a hate crime offence. perhaps it’s the shortcomings of the nz legal system in recognising and having the appropriate tests in statute to enable prosecution on that basis.
but generally, hate crime is a pretty complex subject matter:
http://findarticles.com/p/articles/mi_hb3370/is_1_37/ai_n29102553/
it’s a long read, but covers off most of the salient issues. it seems strange to me that in new zealand, hate speech is an offence on the basis of speech against persons of “colour, race, or ethnic or national or ethnic origins, and, (amongst others,) sexual orientation” but no specific gender identity grounds. and why is it that hate speech is a crime, but any other crime committed with an element of hate (on the same criteria as set out in the human rights act) is not subject to further penalty?
in this case, it looks like the judge doesn’t even understand the difference between sexual orientation and gender identity. if the judiciary can’t work it out, appropriate legislation needs to be put in place to amend this aberration.
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Like all news paper articles, it doesn’t tell the whole story.
Please find below the link to the actual judgement on the NZ Law Website.
As can be see the judge was quite scathing and critical of the offenders Act and viewed the matter most seriously.
His underling problems were:-
1. The jury did not find the requisite intent to convict on murder
2. The punishments for Manslaughter are significantly less than murder.
Nonetheless the Judge has made it clear how revulsed New Zealand is by the crime.
The judgment can be found at:-
http://www.nzlii.org/nz/cases/NZHC/2010/2222.html
Regards
Jen
