A Christchurch judge has taken a swing at the new "three strikes and the max" criminal justice policy the Government is about to put in place.
Christchurch District Court Judge David Saunders had an offender with a long record in the dock on a burglary charge.
But he was concerned that the proposed law change could lead to an unavoidable 10-year jail term for what looked to be a minor offence.
The 29-year-old unemployed Northcote man was seeking bail and the judge granted it in spite of the police opposition.
They pointed out the man had 65 previous convictions including burglary, robbery, armed robbery, and wounding.
Today, the man was charged with entering Christchurch District Council's dog pound with intent to commit a crime.
Defence counsel Michael Knowles explained that the man's dog had been impounded and he had tried to negotiate its return and offered a deposit on the fees. The pound insisted on full payment.
"He may have attempted to take a more direct approach," said Mr Knowles. "Whether that's burglary or not, I am in some doubt."
Judge Saunders commented: "This case points to the failure of the ACT policy if this charge were proved. He might likely face 10 years' jail for going into a dog shelter.
"At $100,000 a year to keep someone in prison, one can imagine the huge cost to the country for something that is relatively minor. A judge might not be allowed to grant parole."
"America's arrived, Sir," Mr Knowles commented.
The man was released on bail with a curfew at his home, and forbidden to go to the dog pound - meaning that someone else will have to arrange to get his dog freed.
