Ryall Tony: Questions for Oral Answer — Questions to Ministers 
Ryall Tony: Questions for Oral Answer — Questions to Ministers 
[Volume:615;Page:10952] 
7.  
Hon TONY RYALL (National—Bay of Plenty) 
 to the  
Minister of Justice 
: What guidance does the Sentencing Act 2002 give to judges when setting a minimum period of imprisonment for an offender sentenced to life for murder when the deceased was particularly vulnerable because of his or her age? 
Hon PHIL GOFF (Minister of Justice) 
: 
 Section 104 of the Sentencing Act states that the court must impose a life sentence with a minimum non-parole period of at least 17 years if the victim was particularly vulnerable because of his or her age unless it is satisfied that it would be manifestly unjust to do so. 
Hon Tony Ryall 
: Noting that the law is clear and that that Minister has bragged about how clear the law is—that a child murderer should face at least 17 years’ minimum non-parole unless that is “manifestly unjust”—is the Government prepared to accept the legal precedent set in the Steven Williams’ sentencing case that merely showing remorse is sufficient to allow judges to impose lower non-parole periods on child killers; if not when will the Crown appeal the 2-year discount given to Coral Burrows’ murderer? 
Hon PHIL GOFF 
: I have read the sentencing notes by Justice Wild very carefully. Of course I am not at liberty to express an opinion on the judge’s decision and the member has acknowledged that. Justice Wild made the decision on the basis that he believed that remorse and an early guilty plea meant that a minimum period of 17 years would be “manifestly unjust”. However I note in a higher court decision in the Court of Appeal—the  
Queen 
 v  
Parish 
 in December last year—the viewpoint was expressed: “Even in cases with more powerful mitigating circumstances the requirement to impose the mandatory term of imprisonment of 17 years might not be displaced if they have no direct bearing on the offence itself.” The sentence imposed on Williams may be subject to appeal and for that reason and for the reason I have already given I will not comment further on it. 
Martin Gallagher 
: How does the 17-year minimum starting point for aggravated murder under the Sentencing Act compare with the legislation it replaced? 
Hon PHIL GOFF 
: Until the Sentencing Act was passed in 2002 including the period during which Mr Ryall was Minister of Justice the minimum non-parole period was 10 years. For aggravated murder the new 17-year minimum is now just the starting point and the maximum penalty can be much in excess of that. Courts have imposed sentences longer than at any time in the history of this country including 25 years for the child killer Bruce Howse and 30 years for the Returned Services Association killer William Bell. 
Ron Mark 
: Can the Minister explain how it is possible that the killer of Anahera Lewis one Warwick Kershaw was given only a 3-year jail sentence when that wee girl died at the age of 3 after being brutally terrorised and tortured by this man? 
Hon PHIL GOFF 
: Without notice of course I am not familiar with the particular case that the member refers to but I can suggest to him that if he wants to know what sentence was imposed and why he acquires a copy of the judge’s sentencing notes. 
Ron Mark 
: I raise a point of order Mr Speaker. Just to help the Minister he is aware of this case. He received a letter that was dated 12 November. 
Mr SPEAKER 
: That is not a point of order. 
Ron Mark 
: I do not want him misleading the House and that is a point of order. 
Mr SPEAKER 
: That is not a point of order. 
Hon Tony Ryall 
: If the law states at least 17 years non-parole for murdering a child and this House would expect remorse of any criminal and not have that remorse rewarded with a lower sentence is this Minister prepared to defend the legislation that he has bragged about from one end of this country to the other or is he prepared to sit back and let judges rewrite the will of Parliament? 
Hon PHIL GOFF 
: The High Court has made a decision. That decision may be subject to the Court of Appeal. It is appropriate for this House to wait and determine whether an appeal is made and what the decision of the Court of Appeal is. At that point we can judge the adequacy of the legislation. 
Marc Alexander 
: Does the Minister agree that section 18 of the Sentencing Act which prevents judges from imposing a prison sentence on offenders under 17 years of age must be revisited in light of claims by the Police Association that recidivist teenage criminals are offending “flat out” and thumbing their noses at the law because there are no meaningful consequences to their actions—thanks to soft judges and Department of Child Youth and Family Services social workers who are only too happy to present glowing reports for the offender while completely ignoring the effect on the victim? 
Hon PHIL GOFF 
: That particular section of course will have no application to the Steven Williams case because he was 29 not under 17. In relation to the other comments made by the Police Association the New Zealand law is essentially in line with other jurisdictions in that regard. I believe that the comments made in that respect do not reflect the views of all police officers particularly those working in the Youth Aid section 
Ron Mark 
: Having trumpeted the success of how the Sentencing Act would produce longer sentences for child killers and having received a letter from the grandmother of Anahera Ross Lewis is the House to take it that the Minister is happy with the sentence this child killer has received? 
Hon PHIL GOFF 
: Once again I have to remind the member that as Minister of Justice I am not able to comment on a sentence imposed by a judge in a particular case. However let me make this comment about the general point the member was trying to make. I said that this law would be tougher law. Very soon the member will see the prison forecasts being published in this country which show that there will be a 20 percent increase in the number of people in prison because of the tougher sentencing laws enacted by this Government. The proof of the pudding is in the eating. 
Marc Alexander 
: I seek leave to table the  
Police News 
 article that documents the failure of the Sentencing Act to curb youth crime. 
Document by leave laid on the Table of the House. 
Ron Mark 
: I seek to leave to table two letters. The first is from Val Lewis to myself dated 13 December stating that she had not had a reply from the Minister other than an acknowledgment. The second is a letter from the grandmother of Anahera Ross Lewis to the President of the Court of Appeal with a copy to Minister Mr Goff and Minister Margaret Wilson for their information. 
Documents by leave laid on the Table of the House.