"Seven-Year Prison Sentence for Forced Molestation Is Excessive"
"Violation of a Person's Most Basic Rights"
New Zealand High Court Ruling
A man who spent several years in prison after kissing a woman he did not know has won a damages compensation ruling. Photo by Pixabay
[Asia Economy Reporter Kim Juri] A man who spent about 4 years and 6 months in prison after kissing a stranger on the street in New Zealand has won a compensation ruling of 450,000 dollars (approximately 370 million KRW).
According to recent New Zealand media reports (on the 29th), High Court Judge Rebecca Ellis stated in the released judgment that the 7-year prison sentence given to Daniel Fitzgerald for sexual assault was excessive, and ordered compensation of 450,000 dollars to Fitzgerald, who had spent about 4 years and 6 months in prison.
Fitzgerald, who has a history of mental illness, was arrested in 2016 for approaching a stranger woman on a street in Wellington, kissing her, and pushing another woman.
The police charged Fitzgerald with sexual assault, assault, and violation of probation orders.
Having already been convicted twice for sexual assault, Fitzgerald received the maximum 7-year prison sentence for sexual assault under the now-repealed "Three Strikes Law" last month.
At the sentencing in May 2018, the judge noted that Fitzgerald's sexual assault was not typically a crime warranting imprisonment, but the Court of Appeal did not change Fitzgerald's 7-year sentence.
However, in October last year, the Supreme Court ruled that the application of the Three Strikes Law was too harsh and violated Fitzgerald's rights under the Bill of Rights, leading to a reduction of his sentence to 6 months upon resentencing by the High Court.
Fitzgerald was immediately released from prison but had already served 1,789 days behind bars.
Judge Ellis sided with Fitzgerald's claim for compensation for the years he was deprived of his freedom.
She pointed out, "The sentence against Fitzgerald was not just excessive but extremely excessive, and there is no doubt that it infringed upon a person's most basic rights."
She also stated that the prosecutor erred by interpreting the Three Strikes Law without considering the excessive sentence Fitzgerald would receive, and that the prosecutor should have exercised discretion to apply charges not subject to the Three Strikes Law rather than sexual assault charges that triggered it.
New Zealand's Three Strikes Law, which automatically imposes the maximum sentence for those who commit serious crimes three times, was repealed by Parliament last month due to reasons including the lack of proven effectiveness in deterring crime.
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