Road rage - getting off lightly, as usual

Last updated 11:19 02/10/2009

RageWhile a pedantic judge may have decided that sentencing a road rager to just three years because his victim accidentally banged his head on the road or curb and the situation was closer to manslaughter than murder, I wouldn't have.

Attackers on the street may not intentionally kill the people they assault, but they usually get more than three years, even if they haven't the violent criminal record that Mr Jasmatbhai Patel's killer, Bio O'Brien had.

At the time of his trial, O'Brien - on the right in the picture - had prior convictions for male assaults female, and threatening to kill in 2001.

This low-life said sorry to the family he destroyed, but so would anyone, faced with a potentially long jail term - and don't be surprised that he'll suddenly 'find God' behind bars and shorten his holiday at Government's Expense even further.

He'll probably be out for several weeks before the effects of his paltry sentence cause him to do exactly the same thing again, probably to an equally defenceless, hard-working businessman or woman.

And then we'll be arguing about the stupidly short original sentence and the social naïveté of the parole people, who felt he should have a second chance.

It appears that road rage and other driving-related crimes, like drunk driving and vehicular manslaughter come with short and hardly deterrent sentences.

I remember last year, while Paris Hilton was being jailed for a first offence, a case in Rotorua had a driver facing his 35th and 36th offences of driving under the influence and without a licence, and all he was given was another fine and another warning - he hasn't seen the inside of a prison yet, as far as I've heard.

We have to be harder on road crime; none of the current laws has any deterrent affect and a third of drink-drive offences are committed by inveterate repeaters.

Proof that they're not working is the road toll - we're tracking to be about 60 deaths ahead of last year by the end of 2009, and with Ms Collins' reining-in of police car numbers, I can't see it getting better for some time.

16 comments
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Scop   #1   02:36 pm Oct 02 2009

The 'low-life' was just going to give him a hiding. Noone can condone that but it is unlikely he had any intention of killing the victim.

Does finding God reduce a prison sentence?

Sasquatch   #2   03:03 pm Oct 02 2009

Scop #1 - if you can prove remorse - Hence Dave Moore's well written column

Tony   #3   04:19 pm Oct 02 2009

This scumbag was a bully and a coward who, in a perfect world, would be put down. What was Justice Judith Potter thinking of for handing down such a light sentence? I hope he will be deported when released.

I feel great sorrow for the Patel family.

Alan Wilkinson   #4   04:49 pm Oct 02 2009

There's nothing special about road crime. Unfortunately these issues apply to all crime and all violent criminals.

Our "justice" system is spectacularly ineffective at either compensating victims or stopping offenders from reoffending.

Ben   #5   09:33 pm Oct 02 2009

And why is he not being deported at the end of his sentence?

Matthew   #6   09:39 pm Oct 03 2009

"Proof that they're not working is the road toll - we're tracking to be about 60 deaths ahead of last year by the end of 2009".

This is not a complete argument in and of itself. After all, last year's penalties for road rage and drunk driving were as lax as this year's (I assume), and we had 60 fewer deaths then.

I'm not saying I disagree with the conclusion that current policies have no deterrent effect; just that you haven't given me a reason to agree with your conclusion either.

PS - If there has been some relaxation of the sentencing policies since last year, then I retract my objection, although I think that you should have mentioned it in the article.

Karyn   #7   01:33 am Oct 04 2009

If you want to stop offending or reoffending, then the justice system is not the place to do it. The best way of doing that is preventing the potential offenders from entering the justice system in the first place.

You only ever see a snapshot of what goes on in the criminal justice system through the media anyway. If you were to look into every case rather than just those you hear about, you might find that the reality is a little different to the perception of sentencing in this country.

I don't really know much about this case in particular, but it's difficult to really criticise without knowing what the judge's actual reasoning was. I assume it was given in open court, so why not tell us exactly what she said? Rather than just the result.

I vaguely remember also reading that he's not a New Zealand resident/citizen? If that's true, then I imagine he'll likely be deported at the end of his sentence.

JeM   #8   10:06 am Oct 05 2009

It does suck.

From what I understand the guy (O'Brien) was very cooperative and that helped towards the reduced sentence. Still, I would have put him away for a long time. It was a complete over reaction from someone with some serious anger issues towards an old guy who would not have been able to defend himself.

(And it wasn't last year that Paris Hilton went to jail - it was 2007).

Bemused   #9   12:55 pm Oct 05 2009

Well written bit Dave, but I think your quip at the end implying the increase in the road toll (60 more than this time last year) is primarily alcohol driven is partially misplaced. The stats tell a different story – there appear to be three drivers (excuse the pun) for the increase, being firstly speed and alcohol, secondly 15-24 age group of which speed and alcohol plays a part but only a part and thirdly the increase in motorcycle accidents where arguably alcohol is not playing a big part at all.

However, as to your substantive point, the sentence handed down in this situation can only be described, in my view, as stupidly inadequate.

rouppe   #10   04:53 pm Oct 06 2009

Karyn #7

Why do you assume he'll be deported. I seem to remember a man with AIDS who had deliberately infected several women who was not deported because it would be "hard on his family". I'm sure the same will be true here.

Boo bloody Hoo I say. Get rid of them. Australia doesn't have any problem sending a person who was born here but spent less than a few years living here back as a "NZ undesirable".


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