The defence of "claim of right" allows an accused to claim they had a belief that their actions were lawful, even if that belief is mistaken. The defence is available only in relation to certain property offences.
The Government announced it was considering a review of the law after the Waihopai trio acquittals earlier this year. The Ministry of Justice has now prepared a briefing paper to Power, and the paper sets out the current law and what the potential reform options are.
The briefing paper concludes that the defence, as it stands in New Zealand, is out of step with "claim of right" defences in other countries. But the paper also acknowledges that the defence of claim of right has been used in New Zealand infrequently. The report further states that:
Until March 2010, there were no significant issues with the use, scope, or application of claim of right.So there we have it. The law must change because of one jury verdict, a verdict that has no precedent value.
Changing the law because of one questionable jury decision seems like a gross overreaction. I suspect that if the facts of the Waihopai case were put to ten different juries, eight or nine of them would find the men guilty. The Waihopai trio got lucky.
So changing the law because of one "rogue" verdict is, to put it bluntly, dopey. I expected better of Simon Power. Isn't Power supposed to be one of the smarter ones in Cabinet?
I've always seen Power as relatively sensible, compared to most in the National caucus. But you're right, this is the latest in a long list of justice issues (see also: provocation and his response to the LawCom's review of drug laws) where Power has shown a strong populist streak.
ReplyDeletePopulism isn't inherently bad - it would be nice to think that the Govt pays at least some consideration to the will of its citizens - but Power seems to use populism in the same way as his boss does; as a reactionary substitute for a principled and disciplined vision.
This approach has worked well for Power so far, as it has for Key. They are both popular and well-regarded by most. Over the long term though, I suspect their populism and lack of future planning will become increasingly evident.
It won't be Power who decided to knock this defense on the head. More likely to be unprincipled win-at-any-cost tacticians like Joyce or Key or even McCully.
ReplyDelete"...Isn't Power supposed to be one of the smarter ones in Cabinet..?"
ReplyDeleteWay to set that bar low, dude!
This sort of knee jerk reaction is Pathetic.
ReplyDeleteWhen will the NACTs focus on the real issues facing NZ ??
"one of the smarter ones in Cabinet"...Ah, damnation by prose of faint praise!
ReplyDelete