Jason Godsiff says he is pleased to be home.
Godsiff was released from prison this week after he won an appeal against a two-year jail sentence for killing 23 seals by bashing them on the head with a metal bar.
The 20-year-old Renwick man, who had been working as an apprentice builder when the offending happened, answered the phone at his parents home in the Wairau Valley last night.
He was happy his appeal had been successful, he said.
Justice Jillian Mallon has replaced his jail sentenced with eight months' home detention.
He was pleased to be out of prison and his family was delighted to have him home, too, he said.
He would personally thank his friends and family who supported him, he said, and did not want to make any further comment last night.
Family friend Alison Parr said family and friends were ''absolutely delighted'' with the result.
It was a huge relief and justice had been served, she said.
''All his supporters and friends and family agree that what Jason did deserved punishment, but prison was never the place for a young man of that character and that background, and we believe the original sentence wasn't the correct one.''
The Department of Conservation declined to comment on the appeal.
Godsiff had admitted killing 23 seals near Ohau Point by hitting them over the head with a galvanised pole on November 26 last year and Judge Ian Mill sent him to prison when he appeared in the Blenheim District Court in September.
His defence lawyer Gary Sawyer appealed the sentence in the High Court at Wellington on November 1, arguing the prison term handed down was excessive.
Judge Mill had not given Godsiff enough credit for his youth, good character, remorse and co-operation with police, he said.
He ''over-weighted'' the scale of the offending and did not take into account the lack of sadism and extended cruelty to the animals in comparison to other cases, Mr Sawyer said.
Judge Mill also had not considered home detention when he sentenced Godsiff, he said.
Those serving home detention sentences stay at an approved residence, wear an electronic bracelet and are electronically monitored at all times and are under close supervision by a probation officer.
Judges can consider home detention if the end sentence is two years in prison or less.
Crown prosecutor Jodi Ongley said at the appeal the starting point of the sentence was appropriate given the number of seals Leg 1killed which was at the ''middle to upper range of seriousness''.
Judge Mill had given enough consideration to Godsiff's personal circumstances, such as his age and previous good character, she said.
Godsiff did not show genuine remorse for his actions and his cooperation with police was limited, she said. Those factors were taken into account with the credit given for his guilty plea, she said.
Justice Mallon agreed with Mr Sawyer in her decision, released to the ifMarlborough Expressnf yesterdayntsGtuesday nte, and quashed the prison sentence.
Judges set a starting point for imprisonment based on previous cases and the Sentencing Act and as part of sentencing have to take into account the aggravating and mitigating factors unique to the case.
Judge Mill agreed with Godsiff's pre-sentence report which did not recommend home detention because Godsiff's job as a builder's apprentice required travelling.
He also said home detention was not an adequate sentence for the ''deliberate ill-treatment on this scale''.
Justice Mallon said the reason for not recommending home detention was not relevant and the practicalities of travel could be worked out with the probation officer.
''He [Godsiff] is in all respects a suitable candidate for home detention. He is a hard working young man who will contribute better to society the sooner he is back working as a builder.''
''It seems that he has learnt from the reaction to his offending that his behaviour was unacceptable,'' she said in the decision.
The man with Godsiff the night of the offending, Jemaal Peter Roy Large, 36, a driver of Wairau Valley, has denied the same charge as well as a charge of possessing an offensive weapon. He is due to appear in court again on February 14.
- The Marlborough Express
SIMON WONG
No comments:
Post a Comment