Post by Roderick on Aug 1, 2008 10:24:29 GMT 12
Another women gets away with murder .........Post a reply
donkeycheese
1/8/2008 9:35:27 AM
From: www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10524684
Phobia lets death driver avoid jail
5:00AM Friday August 01, 2008
By Andrew Koubaridis
A drunk driver who killed a woman has been spared prison after a judge said her agoraphobia would cause her "difficulties" if she was locked up.
Unemployed Papakura resident Lesley Caudwell told police she had been "trolleying it today" and drinking "lots of wine" after the November 16 crash that killed 36-year-old Tara Groenestein.
But at her sentencing yesterday, Judge Andree Wiltens said the 42-year-old's condition - which included frequent panic attacks and bipolar disorder - would place her in "difficulty" if she were confined to a cell.
Caudwell had earlier pleaded guilty to driving while incapable and causing death, and dangerous driving causing death.
Judge Wiltens also took into account her early guilty plea and the fact she was caring for her cancer-stricken mother.
Once all factors were considered, home detention was the "only option".
He sentenced her to 12 months of home detention and disqualified her from driving for four years.
Crown prosecutors had sought a four-year jail term.
Caudwell was almost three times over the legal breath-alcohol limit and travelling at 100km/h when she ploughed into Ms Groenestein's car at the Patumahoe Rd/Waiuku Rd intersection near Pukekohe.
Ms Groenestein died at the scene.
Police found an empty wine bottle in the front passenger footwell of Caudwell's car. She told officers she was the driver but didn't know where she was going.
Police said other motorists had raised the alarm about Caudwell's driving minutes before the crash, after she was seen crossing the centre line.
The sentence left many of Ms Groenestein's family in tears, and cries of "murderer" and "where's the justice" rang out at the sentencing.
"I'm absolutely disgusted ... How can you take a life and get just 12 months' home detention," father Felix Groenestein said.
Tara's mother, Jill Groenestein, told the Herald she wanted every parent in New Zealand to know how the family were feeling.
"I'd put every parent on notice - I never thought this could ever happen to us. How do we get these people off the roads and show zero tolerance when this happens?"
Judge Wiltens said the victim impact statements made harrowing reading and left him in tears.
But this was no comfort to the family, who say they feel cheated by New Zealand's justice system.
"If we were in Australia or America she would have got five years or 20 years," said sister Rachel Groenestein. "Sometimes I think these judges need to feel pain. It's a joke, some of these laws."
BiggzBlues
1/8/2008 9:39:38 AM
I cry for this country, sometimes...
donkeycheese
1/8/2008 9:43:35 AM
the thing that maks me laugh is that they state that prison would be "difficult" for her - now, correct me if I am wrong, but isn't that the point?
Maybe NZ should privatise their prison system to a french company - I dunno, like Club Med?
AllyCat
1/8/2008 9:43:59 AM
yes I feel for the family of the died person.
anjewel
1/8/2008 9:45:40 AM
crazy...
BiggzBlues
1/8/2008 9:46:42 AM
I thought agrophobics were afraid of open spaces......wouldn't jail be like a cure...??
donkeycheese
1/8/2008 9:50:24 AM
I thought that too
but then they discuss the panic attacks and bipolar
MykOdD
1/8/2008 9:53:03 AM
agrophobia? don't you mean claustrophobia?
perhaps we could tie her to a stake andd nail it to the middle of a paddock?
I'd pay to see that.
baebeegirl
1/8/2008 9:55:13 AM
"If we were in Australia or America she would have got five years or 20 years," said sister Rachel Groenestein. "Sometimes I think these judges need to feel pain. It's a joke, some of these laws."
not necessarily true. one of my baby brothers was hit & killed by a speeding drunk driver & she off because she said "she wasn't speeding" - that disregarding the statements of witnesses OUTSIDE their house where the event took place.
But Rachel is right, I don't believe there was any justice in that case
Circe
1/8/2008 9:56:29 AM
Agoraphobia is an anxiety disorder, often precipitated by the fear of having a panic attack in a setting from which there is no easy means of escape. As a result, sufferers of agoraphobia may avoid public and/or unfamiliar places. In severe cases, the sufferer may become confined to their home, experiencing difficulty traveling from this "safe place."
www.wikipedia.com
donkeycheese
1/8/2008 9:57:23 AM
so baebeegirl - if the driver had been male, I wonder if he would have got off
I honestly believe our justice system is sexist
baebeegirl
1/8/2008 9:57:52 AM
BiggzBlues
1/8/2008 9:46:42 AM
I thought agrophobics were afraid of open spaces......wouldn't jail be like a cure...??
exactly my thought to Biggz
baebeegirl
1/8/2008 9:59:16 AM
I hear you there DC it sux alright, I swear if I ever find that girl she wont even know what hit her
MykOdD
1/8/2008 10:04:14 AM
thats bull####
ffs, prison is supposed to be an unhappy place!
You know, there are several people I could kill right now if I knew all that would happen is I would be confined to my home...
yes Winston, Im looking at you.... i want to donate some lead.
Woman
1/8/2008 10:10:46 AM
"I'm absolutely disgusted ... How can you take a life and get just 12 months' home detention," father Felix Groenestein said.
21 years ago, the young man who killed my son whilst driving drunk.. got only.. a largish fine and suspension of licence for 12 months. No prison sentence. No detention.
Some things don't seem to change.
It doesn't matter what gender they are, the system sucks at times.
donkeycheese
1/8/2008 9:35:27 AM
From: www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10524684
Phobia lets death driver avoid jail
5:00AM Friday August 01, 2008
By Andrew Koubaridis
A drunk driver who killed a woman has been spared prison after a judge said her agoraphobia would cause her "difficulties" if she was locked up.
Unemployed Papakura resident Lesley Caudwell told police she had been "trolleying it today" and drinking "lots of wine" after the November 16 crash that killed 36-year-old Tara Groenestein.
But at her sentencing yesterday, Judge Andree Wiltens said the 42-year-old's condition - which included frequent panic attacks and bipolar disorder - would place her in "difficulty" if she were confined to a cell.
Caudwell had earlier pleaded guilty to driving while incapable and causing death, and dangerous driving causing death.
Judge Wiltens also took into account her early guilty plea and the fact she was caring for her cancer-stricken mother.
Once all factors were considered, home detention was the "only option".
He sentenced her to 12 months of home detention and disqualified her from driving for four years.
Crown prosecutors had sought a four-year jail term.
Caudwell was almost three times over the legal breath-alcohol limit and travelling at 100km/h when she ploughed into Ms Groenestein's car at the Patumahoe Rd/Waiuku Rd intersection near Pukekohe.
Ms Groenestein died at the scene.
Police found an empty wine bottle in the front passenger footwell of Caudwell's car. She told officers she was the driver but didn't know where she was going.
Police said other motorists had raised the alarm about Caudwell's driving minutes before the crash, after she was seen crossing the centre line.
The sentence left many of Ms Groenestein's family in tears, and cries of "murderer" and "where's the justice" rang out at the sentencing.
"I'm absolutely disgusted ... How can you take a life and get just 12 months' home detention," father Felix Groenestein said.
Tara's mother, Jill Groenestein, told the Herald she wanted every parent in New Zealand to know how the family were feeling.
"I'd put every parent on notice - I never thought this could ever happen to us. How do we get these people off the roads and show zero tolerance when this happens?"
Judge Wiltens said the victim impact statements made harrowing reading and left him in tears.
But this was no comfort to the family, who say they feel cheated by New Zealand's justice system.
"If we were in Australia or America she would have got five years or 20 years," said sister Rachel Groenestein. "Sometimes I think these judges need to feel pain. It's a joke, some of these laws."
BiggzBlues
1/8/2008 9:39:38 AM
I cry for this country, sometimes...
donkeycheese
1/8/2008 9:43:35 AM
the thing that maks me laugh is that they state that prison would be "difficult" for her - now, correct me if I am wrong, but isn't that the point?
Maybe NZ should privatise their prison system to a french company - I dunno, like Club Med?
AllyCat
1/8/2008 9:43:59 AM
yes I feel for the family of the died person.
anjewel
1/8/2008 9:45:40 AM
crazy...
BiggzBlues
1/8/2008 9:46:42 AM
I thought agrophobics were afraid of open spaces......wouldn't jail be like a cure...??
donkeycheese
1/8/2008 9:50:24 AM
I thought that too
but then they discuss the panic attacks and bipolar
MykOdD
1/8/2008 9:53:03 AM
agrophobia? don't you mean claustrophobia?
perhaps we could tie her to a stake andd nail it to the middle of a paddock?
I'd pay to see that.
baebeegirl
1/8/2008 9:55:13 AM
"If we were in Australia or America she would have got five years or 20 years," said sister Rachel Groenestein. "Sometimes I think these judges need to feel pain. It's a joke, some of these laws."
not necessarily true. one of my baby brothers was hit & killed by a speeding drunk driver & she off because she said "she wasn't speeding" - that disregarding the statements of witnesses OUTSIDE their house where the event took place.
But Rachel is right, I don't believe there was any justice in that case
Circe
1/8/2008 9:56:29 AM
Agoraphobia is an anxiety disorder, often precipitated by the fear of having a panic attack in a setting from which there is no easy means of escape. As a result, sufferers of agoraphobia may avoid public and/or unfamiliar places. In severe cases, the sufferer may become confined to their home, experiencing difficulty traveling from this "safe place."
www.wikipedia.com
donkeycheese
1/8/2008 9:57:23 AM
so baebeegirl - if the driver had been male, I wonder if he would have got off
I honestly believe our justice system is sexist
baebeegirl
1/8/2008 9:57:52 AM
BiggzBlues
1/8/2008 9:46:42 AM
I thought agrophobics were afraid of open spaces......wouldn't jail be like a cure...??
exactly my thought to Biggz
baebeegirl
1/8/2008 9:59:16 AM
I hear you there DC it sux alright, I swear if I ever find that girl she wont even know what hit her
MykOdD
1/8/2008 10:04:14 AM
thats bull####
ffs, prison is supposed to be an unhappy place!
You know, there are several people I could kill right now if I knew all that would happen is I would be confined to my home...
yes Winston, Im looking at you.... i want to donate some lead.
Woman
1/8/2008 10:10:46 AM
"I'm absolutely disgusted ... How can you take a life and get just 12 months' home detention," father Felix Groenestein said.
21 years ago, the young man who killed my son whilst driving drunk.. got only.. a largish fine and suspension of licence for 12 months. No prison sentence. No detention.
Some things don't seem to change.
It doesn't matter what gender they are, the system sucks at times.
