Spy base defence reform
By | Jul 15, 2010
The Government is to either reform or repeal the ‘claim of right’ defence successfully used by the defendants in the Waihopai 3 case, Justice Minister Simon Power said today.
In March the defence was used in the case against Adrian Leason, 45, Peter Murnane, 69, and Sam Land, 26, who a jury found not guilty of burglary or wilful damage at the Government Communications Security Bureau base.
Justice Minister Simon Power outlined five options which will be looked into and reported back to him in September:
Shifting the burden of proof
Amending the definition of ‘claim of right’ so a defendant would have to prove they have a ‘claim of right’, rather than the prosecution needing to prove they do not.
Adding a reasonableness element
Amending the definition of ‘claim of right’ so a defendant would have to show that at the time of the offence their actions and/or beliefs were reasonable.
Amending the offences that have ‘claim of right’ as an element
Amending some or all of the 14 offences in the Crimes Act that have ‘claim of right’ as an element to ensure the defence is not wider than appropriate.
Adding a property interest criterion
Amending the defence of ‘claim of right’ so only a defendant with a legal claim to the property concerned could use the defence.
Repealing the defence
Remove the ‘claim of right’ defence from the Crimes Act so the defence is not available to any defendant in future.
Users
“Would to God that all the Lord's people were Prophets.” Num. 11:29
Join in and add to the JUSTwiki today. Stories, reflection, news, comment. Be heard. Be just.
Hikoi of Hope: Walking On – Introduction
Submit a comment
Comments
Alison Mackay
July 16th, 2010 at 2:45 pm
Gordon Campbell on the Waihopai ‘Claim of Right’ defence:
http://gordoncampbell.scoop.co.nz/2010/07/15/gordon-campbell-%E2%80%98claim-of-right%E2%80%99-and-armed-police/