difficult cases
First up: Content warning. This article discusses a case in which somebody who has sexually offended against a child. Take appropriate care before continuing to read
The criminal justice system, such as it is, rarely throws out simple cases. Sometimes, yes, but rarely. There is, however, no shortage of difficult cases. For example, this case of a Samoan man convicted of child sex abuse who has avoided deportation.
The natural response from everybody is that he should have spent a very long time in prison, following which he should be sent back where he came from. And that is fully understandable - he has caused horrific trauma to a child.
But.
He has not actually avoided deportation. If you read through to the end, you'll see that the deportation order has been suspended for three years. If he reoffends in those three years, he'll still be subject to deportation.
Also.
Read about the circumstances. He arrived here as a teenager with weak English and little experience of the wider world.
He has a wife who was angry and disgusted at the offending, but has chosen to support his rehabilitation. Supportive, pro-social family makes a huge difference in a person's reintegration.
He has the support of community members, including extended family, a pastor and an employer. These are all factors that will help his reintegration.
He has undergone treatment and has the support of a counsellor. Firstly, no, counsellors and psychologists do not automatically support offenders. If they see no remorse or insight, or if the offender minimises the impact of his offending, or even denies the offending, then they say so, and they make that very clear and direct. If a counsellor speaks positively of his progress, then we can be sure that he is showing remorse and insight.
Most importantly: What would happen if he were deported? He has spent his adult life in New Zealand. All his support is in New Zealand. Deportation would remove him from that support. Separating people from their support, particularly from family, puts their mental health at risk and drastically increases the risk of them re-offending.
You don't have to care about this person. But we do need to consider the risk he would pose to society. Separating him from all his supports here in New Zealand would increase the risk to the community in Samoa.
And remember: He has not been spared deportation. He will be spending the next three years intensely aware of the fact that any reoffending would likely lead to his deportation.
The criminal justice system only rarely deals in simple cases. Usually the various courts, boards, and tribunals involved are trying to juggle a complex mix of needs and rights.
Also, human rights are meaningless unless they apply to all people equally, with any restrictions being the minimum necessary to ensure the safety of the community.