I assume that the "redneck" jibe was aimed at those of us who support capital punishment for certain offences???? Maybe this was intended as a "stir"?? Sensible discussion on this topic was taking place until one person decided to make it personal, sadly this occurs far to often on this forum and is of no credit to those who practice this type of put down. If you can't make a sensible case for your cause it might be better to refrain from writing anything at all.

dabbler wrote:

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Perhaps a review of your initial post is in order Magnarc ? There are a couple of posts in this thread with a suggested course of action that is counter to both NZ and Australian law but offer no justification, including your post. While it's unlikely an appeal will eventuate, under NZ law it still possible whether we like it or not. Stringing someone up without regard to legal process (assuming you didn't mean macrame classes) *is* redneck act. Sending them to an Islamic republic without regard to NZ law *is* a redneck act. In no way do I support or approve this idiot's actions but the sum total of our laws are in place to protect everyone including the guilty. We can't and shouldn't cherry pick laws when it suits our beliefs or we are no better than an unfettered, misguided idiot with a weapon.

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 Is it possible to appeal a conviction,and sentence,when the accused has pleaded 'guilty'? Cheers

G'day Doug. My justification for the post is simple. 51 deaths and 49 injured. We also have a person who has plead guilty to all counts and has not used the insanity defence. Putting this monster behind bars carries a risk however small, that, at some later date, someone will find a loophole to have him set free.

I do abide by the laws of the land but that does not mean that I agree with all of them, and I bet that you don't agree with all of them either. I realise that this topic has now become a roundabout and will not change anyones view, so I thank all those who have posted rational contributions and will retire from the fray on this one.

You can appeal after a plea of guilty and sentence Yobarr. If you consider that the penalty that has been imposed is manifestly excessive then an appeal will lie. Whether it is successful is another thing. In relation to an appeal to change your plea that is very difficult. There would have to be exceptional circumstances to allow your guilty plea to be set aside and for the matter to be sent to trial.

In relation to the mental health aspect, the fact that someone has a mental illness is not a defence in itself. It needs to be shown by the defendant that not only did he suffer from a mental illness at the time, but that mental illness took away his ability to understand his actions and be able to form an intent. Gaols are full of people with mental illnesses that have been found guilty.

The death penalty is a pointless exercise in my opinion. There is no factual basis that it acts as a deterent. Murders still occur in countries that have the death penalty, thieving still occurs in countries that cut the hands of thieves, it has no place in modern society.

When sentencing, courts have to apply judicial reasoning.  The courts take into account what they call general deterence. The penalty is to reflect to the community the gravity of the offending. They must apply specific deterence. This is to punish the offender and for the offender to be punished and deterred from future offending. There also has to be consideration for the rehabilitation of the offender. It is important that when an offender is released from his custodial sentence that he not be a rescidivist. Discounts also must be given for early pleas of guilty and assistance given to the police or investigating bodies.

Death penalties are just an act of revenge which sanctions the state to murder the offender. It not only has no effect as a deterent but brings the state down to the base level of the offender. It also has the tendency to make martyrs out of some offenders.

This offender, like any other that commits a horrendous crime, will have an hideous existence in gaol. Gaols are not pleasant places no matter what some misinformed people may spruik.  I have spent the best part of forty years attending gaols and they are soul destroying. I have seen the effect of a lengthy sentence on prisoners. Their life is over.

Not only will this individual face the daily torment of his sentence, he will be at risk from every inmate and guard that may embrace the faith that he attacked.