The Disability-Research Discussion List

Managed by the Centre for Disability Studies at the University of Leeds

Help for DISABILITY-RESEARCH Archives


DISABILITY-RESEARCH Archives

DISABILITY-RESEARCH Archives


DISABILITY-RESEARCH@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DISABILITY-RESEARCH Home

DISABILITY-RESEARCH Home

DISABILITY-RESEARCH  May 2006

DISABILITY-RESEARCH May 2006

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Distrubing Legal Decision - Caregiver who killed Paralympian escapes life term

From:

Frank Hall-Bentick <[log in to unmask]>

Reply-To:

Frank Hall-Bentick <[log in to unmask]>

Date:

Mon, 15 May 2006 15:02:13 +1000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (162 lines)

For your horror.

Regards,

FrankHB
 
 
http://www.diversityworks.co.nz/news/060513.htm


  It's ok to kill disabled people in NZ


      MEDIA RELEASE

13 May 2006

If you want to kill someone in cold blood and get off lightly, come to 
New Zealand, stab someone who is paralysed in the neck six times and say 
you're stressed.

Because, according to a Kiwi judge, it's ok to kill disabled people as 
long as you think you are doing them a favour. It's ok to put them out 
of their misery - just don't tell them you are killing them.

You'll get a minimum parole period of seven years and, if you are lucky 
enough to get Justice John Fogarty, you'll get praised that "you thought 
you were doing an act of mercy in a way that minimised any awareness 
that [your victim] was about to die and was being killed."

Better still, look after them for a while and do it when you're drunk 
and you've had a bad day. Justice Fogarty will diagnose you with 
"accumulated stress" and use his discretion to impose a lesser sentence.

Ask Eric Neil Smail, who must serve only seven years for killing former 
Paralympian Keith McCormick 
<http://www.nzherald.co.nz/section/story.cfm?c_id=1&objectid=10381612>, 
instead of the minimum non-parole period of 10 years in a life sentence.

He'll tell you that you even though you tell people you're about to kill 
your "best mate", the evidence will show you had no intention to kill. 
It won't matter if your victim is successful and enjoying life - if you 
believe they're in pain and feel bad about it, just "take it on board" 
and kill them mercifully. You'll feel better.

At Diversityworks, we have a host of disabled people, just waiting to be 
killed. Call 0800 KILL-A-MATE and we'll do the rest for you. We'll give 
you a drink and listen to your worries. Then you'll have your choice of 
defenseless quadraplegics to stab to death. All you have to do is tell 
everyone else, but not them.

Sure, you'll do time, but you'll be out before you know it.

But wait, there's more. Sign up to save two people from their miserable 
lives and we'll give you a third, free. That's right - rid the world of 
three useless lives, and you'll have yours back in 21 years. You may 
even end up a hero.

0800 KILL-A-MATE. Doing disabled people - and the world - a favour.

Ends.

More info:

CONTACT:
Philip Patston
Ph 09 376 4837
Mob 021 764 837
[log in to unmask] <mailto:[log in to unmask]>

Caregiver who killed Paralympian escapes life term


New Zealand Herald
 
13.05.06
By Jarrod Booker
 
A man who slit the throat of a tetraplegic he cared for has escaped the 
term of life imprisonment normally imposed for murder.

The 12-year jail sentence handed down to Eric Neil Smail, 48, in the 
High Court at Christchurch yesterday has angered the family of his 
victim, former Paralympian Keith McCormick.

Smail must serve at least seven years for killing the man he had flatted 
with, cared for part-time and called his "best mate", instead of the 
minimum non-parole period of 10 years in a life sentence.

Crown prosecutor Phil Shamy had sought an even greater minimum 
non-parole period of 17 years, because Mr McCormick was vulnerable, and 
because Smail had targeted the one area of his body where he had feeling.

"I'm devastated. I thought it was ghastly. I expected he would get 17 
years non-parole," Mr McCormick's mother, Dorothy McCormick, told the 
Weekend Herald. "Everybody that was [in court] for Keith all felt the 
same."

Justice John Fogarty said Smail had been under a high degree of 
"accumulated stress" and exercised his discretion to give a lesser 
sentence.

He told Smail: "The evidence is that you thought you were doing an act 
of mercy in a way that minimised any awareness that he was about to die 
and was being killed."

Mr McCormick became a paraplegic in his early 20s when he dived into 
shallow water to help someone he thought was in trouble. He led an 
active life, winning medals at the Paralympics, but a second accident in 
January 2000 left him a tetraplegic, able to move only his neck and head.

This left him totally reliant on carers and his health had deteriorated 
in recent years. Since November 2004, Smail had been his flatmate and 
part-time carer.

Based on a psychiatrist's report, Justice Fogarty said the pair had an 
"extremely close relationship" and had discussed Mr McCormick's future 
and desire to live. Smail became aware his friend was in considerable pain.

But Justice Fogarty said the evidence did not show Mr McCormick wanted 
to die or there was any suicide pact.

On the day of the murder, July 28 last year, Smail was off work and had 
drunk for several hours at bars and told colleagues of his intention to 
kill Mr McCormick. However no one believed him.

He found Mr McCormick sitting in his wheelchair watching TV and stabbed 
him six times in the neck before slitting his throat.

Smail then phoned friends and told them what he had done. He stayed at 
the house until police arrived and said several times: "I murdered my 
best friend," and "I just killed my best mate."

In a statement read to the court, Mrs McCormick said she never trusted 
Smail. "It is quite ironic that Keith took more care of Smail than Smail 
looked after Keith. What right did this man have to make the ... 
decision to do this to my beloved son."

John Durning, a longtime friend of Smail, said his friend was the kind 
of person "who took a lot on board".

He believed the sentence was appropriate.

"As Eric has said in the letters to me: He's done the crime, he has to 
do the time. Being a caregiver, and probably not having the formal 
training that a person should really have ... it's a lot of stress to 
put on a person."

by Jarrod Booker




________________End of message______________________

This Disability-Research Discussion list is managed by the Centre for Disability Studies at the University of Leeds (www.leeds.ac.uk/disability-studies). Enquiries about the list administratione should be sent to [log in to unmask]

Archives and tools are located at:
www.jiscmail.ac.uk/lists/disability-research.html

You can JOIN or LEAVE the list from this web page.

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003
December 2002
November 2002
October 2002
September 2002
August 2002
July 2002
June 2002
May 2002
April 2002
March 2002
February 2002
January 2002
December 2001
November 2001
October 2001
September 2001
August 2001
July 2001
June 2001
May 2001
April 2001
March 2001
February 2001
January 2001
December 2000
November 2000
October 2000
September 2000
August 2000
July 2000
June 2000
May 2000
April 2000
March 2000
February 2000
January 2000
December 1999
November 1999
October 1999
September 1999
August 1999
July 1999
June 1999
May 1999
April 1999
March 1999
February 1999
January 1999
December 1998
November 1998
October 1998
September 1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

For help and support help@jisc.ac.uk

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager