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Judge gives 10% off jail because the offender’s forgotten how to be Maori

Judge Gregory Hikaka. Credit: Stuff

Or perhaps that headline should read because the offender isn’t Maori enough!

Quote.

On Tuesday, Derek Manihera Stubbings was sentenced in New Plymouth District Court to three years and six months’ jail on nine charges related to a December 6, 2017 attack.

Stuff end quote.

Stubbings had denied three charges of male assaults female, two of indecently assaulting a female over the age of 16, and one each of assaulting a child, threatening to kill and assault with a blunt instrument but was found guilty by a jury following his February trial.

After the guilty plea was handed down, Stubbing’s lawyer Turitea Bolstad, asked for a ‘Cultural Report’ to be obtained prior to sentencing. This report subsequently identified a “Cultural disconnect”.

Quote.


Stubbings had a reasonably strong understanding of te ao Maori concepts in his younger years, but “sacrificed his own cultural identity as a consequence of some risk taking behaviour” in his teens, the report stated. End Quote.

Stuff end quote.

After considering the submissions, Judge Hikaka said he was satisfied Stubbings’ cultural disconnection had led to aspects of his offending.

Quote.
“Part of that disconnect is that if you continued with strengthening that foundation that was available to you from your mother that you would have come to appreciate how women in te ao Maori are to be respected and treasured.”

Judge Hikaka.
End Quote.




Umm, sorry Judge but do you mean like how Maori women aren’t allowed to speak on the marae and have to sit at the back? Or maybe how they get banned from entering a Northland building site.

Mokau Marae near Whangarei. Credit Denise Piper

After all, as Marae chairman Hepi Haika stated.

Quote.
“The whole ground becomes a sacred place, so that women cannot go on that place.
“We keep that tikanga going today as Maori.”

Stuff.
End quote.


At least the Judge gave the bad guy a spell in prison and even gave him his first strike warning, (didn’t Mr Little get rid of that pesky three strikes rule?) But let’s look at what Mr Stubbings actually did that landed him before the judiciary.

He started the day pushing the complainant’s 4-year-old daughter causing her to fall over onto her back. Then after arguing all day, he grabs a pair of knuckle dusters, held his adorned fist to her head and threatened to crush her skull. A bit later he punches her and throws her onto the bed repeatedly as she tries to escape. This goes on for a while and after using chains and knives to lock the doors and windows, he sexually violates her twice. Then pleads not guilty, forcing the woman to give evidence against him. Nice chap. Oh, and she was pregnant!

But seriously, a ten percent discount because he ‘sacrificed his cultural identity’ because he was a scumbag when he was younger? Shame this wasn’t identified during his earlier appearances for similar offences.

If only he had been a bit more Maori aye. He would’ve probably just taken her out for a movie and a cuddle instead of giving her the bash. He probably would’ve cooked the eggs for her and read the kid a story before tucking her in so Mum could’ve had a bubble bath and a glass of Lion Red.

Maybe it would’ve looked like this wee Facebook video. Kia kaha youse fullas.

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