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February 27, 2006
Possible Crimes Act breaches by Benson-Pope and fellow teachers
Police who investigated the David Benson-Pope case last year say the latest allegations could be prosecutable if proven.
Investigate has spoken to Detective Sergeant Malcolm Inglis, who says an alleged assault on a schoolgirl could be covered by the Crimes Act.
Investigate has found several sections of the Crimes Act which could be relevant to any prosecution of David Benson-Pope, they include:
S107. Contravention of Statute, which carries a possible one year jail term. It is alleged Benson-Pope is liable under this section because in smacking a girl’s thigh with a ruler, he breached s139A of the Education Act 1989, which banned corporal punishment in schools.
S195. Cruelty to child, which carries a possible jail term of five years for “anyone who – having custody, control or charge of a child under 16 wilfully ill-treats…or willfully causes or permits the child to be ill-treated, in a manner likely to cause him unnecessary suffering, actual bodily harm, injury to health, or any mental disorder or disability”.
Investigate alleges this clause would cover both the direct physical assault on a schoolgirl, but potentially any physical or mental harm caused to other students by David Benson-Pope as well.
S196. Common Assault. Everyone is liable to imprisonment for a term not exceeding one year who assaults any other person.
S209. Kidnapping. This section was considered applicable in the earlier investigation of David Benson-Pope, because it doesn’t just cover abduction, but also detaining a person without her consent or with consent obtained by duress. In the case of girls trapped in the showers because Benson-Pope was allegedly standing right outside their cubicles, the kidnapping section could apply although the scale of offending would be at the lowest end of a punishment scale of up to 14 years’ jail.
The statute of limitations on these recent offences does not expire until 2007.
Additionally, former and current Bayfield High School teachers who made false statements to police that there had been no complaints against David Benson-Pope could be prosecuted under:
S111. False Statements or declarations. This section carries a jail term of up to three years for anyone who makes a statement to any officer of the law which would equate to perjury if made on oath in a judicial proceeding.
S116. Conspiring to defeat justice. If police could establish that there was an agreement by two or more teachers not to tell police about the complaints, the conspiracy sections of the Crimes Act could deliver a jail term of up to seven years for the teachers involved.
Posted by Ian Wishart at February 27, 2006 12:31 PM
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Comments
Offences against ss 195, and 209 of the Crimes Act have no "statute of limitations", having maximum sentences greater than 3 years.
Posted by: Graeme Edgeler at February 28, 2006 08:35 PM
Yeah, and the other potential charges don't become statute barred until 2007
Posted by: Ian at March 1, 2006 10:43 AM
194. Assault on a child, or by a male on a female —
Carries a penalty of a term of imprisonment for a term not exceeding 2 years
Posted by: Chuck Bird at March 1, 2006 01:49 PM
Sensationalized Jornalisim at its worst.Have you polled the ex pupils he made a difference to their lives.The positive things he contributed to.Makes a great read if you believe all this rubbish.Suppose it sells magazines.from an ex pupil
Posted by: Deanna at March 2, 2006 11:43 AM