National Party leader Simon Bridges says he'd be happy with more people in prison if it meant fewer victims.
But politicians and judges should ignore the backlash against the controversial home detention sentence handed down to a killer teenage driver, a prominent lawyer says.
More than 103,000 people have signed a petition asking the Crown to appeal the punishment handed down to 19-year-old Rouxle Le Roux, who killed 15-year-old Nathan Kraatskow in a hit-and-run in May.
Le Roux was sentenced to 11 months' home detention and 250 hours' community work, and was banned from driving for two-and-a-half years. One viral social media post suggested Le Roux's 'privilege' got her a lighter sentence than a previous hit-and-run killer - Broc Kawhena - who was convicted on the same charge, but got four years' prison.
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Mr Bridges, a former Crown prosecutor, said he was wary of criticising the judiciary, but told RadioLIVE on Monday "you do have to say though this does feel very light, in light of the circumstances".
He said National justice spokesperson Mark Mitchell will receive the petition on behalf of Parliament on Tuesday.
"You've got a Government at the moment that you know, with good intentions is looking to have fewer people in prison. The worry is with that is you get more victims. I for one, although it's never going to be perfect, I'd go with more in prisons and fewer victims."
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Barrister Marie Dyhrberg, QC, warned against letting social media set policy.
"A lot of people who have gone on social media - with respect to them all - they will not know what the judge knew," she told RadioLIVE. "There were a number of reports that were presented to the court, a number of factors, before that judge, that those people don't know about. The outcome was based on all that information."
She said judges are appointed, not elected, so shouldn't let petitions and social media movements sway their decision-making - they should focus on what's best for society as a whole.
"To put a young person in prison, you may say is not going to help her be rehabilitated, to take responsibility for what she has done. Home detention is actually a tough sentence. It means that apart from going to rehabilitation, maybe being allowed to do some work, she is confined to her house. There will be very strict programmes in place for her and strict conditions that she undergo counselling and rehabilitation.
"In all the circumstances, that is going to be far better for society, far better for her to have that sentence, than just be put in prison where there are very little programmes available for rehabilitation. That could of course be very detrimental for her. There are some who say she doesn't deserve that, but on the other side, I think what is best for society has to be the outcome. It will be tough for her, at her age, to be confined to her home."
But Nathan's parents say she has to go to jail for at least three years or she won't have "learned anything".
"Even our daughter said to us 'Mum, she's sitting at home. She can watch YouTube, she can watch Netflix, she can get Uber Eats,'" said Charlene Kraatskow.
'Kneejerk reaction'
Ms Dyhrberg called social media a "monster" the legal system is struggling with.
"The ease with which people can get on social media, voice their opinions, have kneejerk reactions, not really knowing the full circumstances. I don't think we should try and curtail social media - people will have their voice both for and against, and it's a forum for people to take part in what their opinions are.
"What a concern would be is if the courts then started being influenced by social media rather than what the law tells them to do."
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Politicians on the other hand need the public on-side if they're going to keep their jobs.
"It could bring public opinion to the parliamentarians, and they can consider what the issue is. They may then turn around and look and see whether or not there is any substance in this, or whether there needs to be some sort of change."
Ms Dyhrberg said she wouldn't back stiffening penalties, because there is already a lot of leeway in the sentences judges can hand down.
"It's very easy for Simon Bridges and people in Opposition to grab a bit of headline and make a comment, but National didn't see fit to change the laws," she told RadioLIVE.
"Home detention is a hard sentence for a lot of people, and certainly for the young."
Justice Minister Andrew Little told Newshub on Sunday the present laws are the same that were in place during National's nine years in power.
Newshub.
