Road rage killer gets three years
September 29 2009
A student who killed an elderly Indian man after a road rage incident in Auckland this year has been jailed for three years.
And the term of the sentence has left the Sensible Sentencing Trust and the Indian community in New Zealand disappointed.
Bio O'Brien, 28, attacked Jasmatbhai Patel, 78, after a minor vehicle collision on Carrington Rd, Auckland on April 7 this year.
O'Brien beat Mr Patel and then pushed him onto the concrete, which caused a head wound leading to his death later in hospital.
Sentencing O'Brien at the High Court in Auckland today, Justice Judith Potter said the attack was an "appalling case of what can be described as road rage”.
Justice Potter said the assault was "unprovoked and unjustified”.
The Sensible Sentencing Trust labelled the three-year term handed down to O’Brien as “pathetic”.
Trust chairman Garth McVicar told NewstalkZB the sentence fell well short of being appropriate.
"We want to be safe on our streets. So I would have thought 20 years and let it go to appeal. We rely on our judges to protect us and this judge has failed to do that."
Mr McVicar said the sentence was a huge blow to the public's trust and faith in the justice system.
He said the High Court judge who delivered the sentence had failed in her duties.
Veer Khar, New Zealand Central Indian Association general secretary, said his organization was for stronger sentences.
“It is the delivery of appropriate justice that defines our community, our nation,” Mr Khar told the Indian Weekender.
“We feel that a serious change in legislation is needed to allow judges to apply tougher sentences in crimes of this nature.
“The judge may have been acting with the guidelines of the legislation.”
Mr Khar said the National Government had talked a lot about the changing the law and order situation, but so far they had not seen any concrete action to curb crimes.
“In the last election, there was a major shift of Indian voters towards the National Party because they were fed up of the law and order situation under Labour.
“It’s time for the Government to deliver on those promises.”
Jasmatbhai Patel's son, George, in an emotional victim impact statement read to the court, said that he felt that he had lost "a precious part of his life" and missed his father every day.
He later told reporters that he did not feel that O’Brien had shown any remorse towards his actions which led to his father’s death.
Talk radio was today inundated with callers appalled at the “lenient” sentence handed down to a road rage killer.
A student who killed an elderly Indian man after a road rage incident in Auckland this year has been jailed for three years.
And the term of the sentence has left the Sensible Sentencing Trust and the Indian community in New Zealand disappointed.
Bio O'Brien, 28, attacked Jasmatbhai Patel,...
A student who killed an elderly Indian man after a road rage incident in Auckland this year has been jailed for three years.
And the term of the sentence has left the Sensible Sentencing Trust and the Indian community in New Zealand disappointed.
Bio O'Brien, 28, attacked Jasmatbhai Patel, 78, after a minor vehicle collision on Carrington Rd, Auckland on April 7 this year.
O'Brien beat Mr Patel and then pushed him onto the concrete, which caused a head wound leading to his death later in hospital.
Sentencing O'Brien at the High Court in Auckland today, Justice Judith Potter said the attack was an "appalling case of what can be described as road rage”.
Justice Potter said the assault was "unprovoked and unjustified”.
The Sensible Sentencing Trust labelled the three-year term handed down to O’Brien as “pathetic”.
Trust chairman Garth McVicar told NewstalkZB the sentence fell well short of being appropriate.
"We want to be safe on our streets. So I would have thought 20 years and let it go to appeal. We rely on our judges to protect us and this judge has failed to do that."
Mr McVicar said the sentence was a huge blow to the public's trust and faith in the justice system.
He said the High Court judge who delivered the sentence had failed in her duties.
Veer Khar, New Zealand Central Indian Association general secretary, said his organization was for stronger sentences.
“It is the delivery of appropriate justice that defines our community, our nation,” Mr Khar told the Indian Weekender.
“We feel that a serious change in legislation is needed to allow judges to apply tougher sentences in crimes of this nature.
“The judge may have been acting with the guidelines of the legislation.”
Mr Khar said the National Government had talked a lot about the changing the law and order situation, but so far they had not seen any concrete action to curb crimes.
“In the last election, there was a major shift of Indian voters towards the National Party because they were fed up of the law and order situation under Labour.
“It’s time for the Government to deliver on those promises.”
Jasmatbhai Patel's son, George, in an emotional victim impact statement read to the court, said that he felt that he had lost "a precious part of his life" and missed his father every day.
He later told reporters that he did not feel that O’Brien had shown any remorse towards his actions which led to his father’s death.
Talk radio was today inundated with callers appalled at the “lenient” sentence handed down to a road rage killer.
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