October 08, 2008

Violent offender's parting words sadden judge

By David Clarkson

A violent offender?s parting words were described by Christchurch District Court Judge Michael Crosbie as, ?probably the saddest thing I have heard in a long time.?

The judge had already commented on Peter James Muir?s 15 convictions since 1981 for violence, breach of protection orders, aggravated robbery, and indecent assault.

He told 43-year-old Muir: ?There needs to be an element of protection here. I have a very uneasy feeling about you and your future, unless you get some proper and appropriate psychological help.?

Then he sent him to jail for 18 months on charges of assaulting a woman, and stupefying her by strangling her manually.

Muir headed through the door to the cells saying, ?See you next time, Judge.?

When he had gone, Judge Crosbie said to the court: ?Oh, dear. Shall we get him back again? I think I may have made a mistake. That is probably the saddest thing I have heard in a long time.?

Muir, a leading hand carpenter, had pleaded guilty to the charges. Defence counsel Steve Hembrow said he apologised for his behaviour, which occurred in the context a relationship break-up.

?There was some pushing and shoving and he completely over-reacted and lost his rag. He has never behaved like this to a woman before. He is deeply ashamed of his behaviour.?

Crown prosecutor Shannon-Leigh Litt said the victim had suffered emotionally from the attack, which she described as one of the most frightening experiences of her life.

?She noted the horrible gurgling sounds and she remembered thinking, ?I?m gone?.?

Judge Crosbie said that after yelling and abuse in the bedroom, Muir had kneed the woman in the groin.

The argument continued in the garage where Muir locked the door, preventing an associate from entering.

He then lunged at the woman, grabbed her around the throat and squeezing her windpipe, pushed her back over the desk and held her there. He let her go when the third person forced their way in.

The woman had blood streaming from her mouth, broken teeth, bruising, and scratches.

The man was charged with stupefying because the woman thought she might have been rendered unconscious. Judge Crosbie questioned whether that was appropriate, because he could find no other cases of stupefying that did not involve some substance being administered.

Muir was seen as having a high likelihood of reoffending. He was not seen as suitable for home detention and Judge Crosbie said that sentence would be ?an inadequate response for this offending?.

He jailed Muir for 18 months, and said something had to be done to reduce the risk of further offending. He ordered Muir to take treatment and counselling, including psychological counselling, as directed until six months after the end of his sentence.

He also noted that Muir had been working as a security guard part time. ?That raises real issues with the convictions you have for arson and burglary, and your heavy drug use,? he said.