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Posted: 21 February 2008 at 9:50am
I din't think this is simply as case of left or right do-gooders, but more like a case of the judiciary not appreciating the effect this has on ordinary people like you and I.
This also may be governed by Gordo's cronies and their sentencing guidelines. Political intrusion in the judiciary should never be subscribed to.
Life imprisonment was available and the offence should command a sentence nearer to that. The drivers live is in tatters and probably wont work again whilst the two convicts will be out in 3 years.
Kingy from Tyneside
You were only supposed to blow the bloody doors off - Michael Caine in the original 'Italian Job'
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Posted: 20 February 2008 at 5:06pm
Originally posted by Maverick22
It really is time we had a change of Judges in this Country. Most are decrepit old farts, who don't live in the real world, and live in leafy lanes in the stockbroker belt, where crime is almost non existant. I just hope the CPS can appeal this reduction in sentence, it makes a mockery of the law when some Scumbag can get just six years for nearly killing a man. It's time that a sentence can be increased on appeal, like the old days under Lord Justice Cassels who always increased sentences if a frivolous appeal was made. In Cassels days there were very few appeals as the Crims knew what the result would be, extra time.
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Posted: 20 February 2008 at 2:02pm
Tony W - 100% spot on!
I used to think there was something wrong with our magistrates and judges ( and for sure, some of them are still lefty do-gooders), but I now realise that the wishy washy sentences they hand down are regulated by the sentencing guidelines imposed on them by the government.
The government needs to butt out of the CJS and let the judiciary do their job in protecting the public and punishing the guilty.
I will never understand how somebody can appeal against their sentence, or how they can appeal against their conviction unless some new evidence comes to light. There is something very rotten at the heart of the British justice system, and unless someone up high sees the light this country will continue deteriorating into a place where criminals have absolutely no fear at all.
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Posted: 20 February 2008 at 12:22pm
I do not believe that it is change of Magistrates and Judges that is needed, but more of a case of stopping the Politicians from interfering in legal matters. The former two can only award a sentence within the boundaries that the legislator allows them. Like just about all the reasons for the current run of things that have gone wrong - it is down to our current crop of Politicians. It is they who set what the terms of imprisonment should be and that is not what you see as the maximum sentence that can be awarded!
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Posted: 20 February 2008 at 12:02pm
Originally posted by Maverick22
It really is time we had a change of Judges in this Country. Most are decrepit old farts, who don't live in the real world, and live in leafy lanes in the stockbroker belt, where crime is almost non existant.
Too true, Mav'
The only problem I have is that many of the new judges coming through the system might well be products of CPS and so they wont have much of a real understanding of reality!
Perhaps the time has come for there to be a provision that the jury can recommend that a specific sentence be passed and the judge has to take account of this recommendation.
I would prefer with scrotes like these that they be removed from society for good - they have neither right to continue to be part of our society nor any contribution to make. Life with the keys thrown away ...........
Brian - I used to be indecisive, now I'm just not sure!
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Posted: 20 February 2008 at 11:43am
Oh, thanks Stan. I just feel so baffled by this. To my mind that should have carried life. I don';t care that the youth was young. It was entirely reckless, and nearly killed someone. He ought to have known that.
MOP, Joker & reformed character. Honest. I moderate with purple prose
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Posted: 20 February 2008 at 11:32am
Criminal Damage with intent to endanger life or being reckless as to whether life is endangered carries (Section 1(2) of the 1971 Act) carries a maximum sentence of life imprisonment, so seven and a half years for a seventeen year old is a bit paltry to say the least!
There is also an offence under The Offences Against The Person Act 1861, which requires proof of intent to injure by throwing objects at trains. This also carries a maximum life sentence.
Whatever the offence, the possibility was there for a much, much longer sentence. However, the judge chose not to do this and the Appeal Court just compounded the problem.
The basic mission for which the police exist is to prevent crime and disorder.
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Posted: 20 February 2008 at 11:17am
About 20 years ago, someone was killed by yobs dropping a concrete post from a bridge, but I can't remember whether it was from a bridge onto a train or onto a car on the motorway. If I remember rightly the yobs were convicted of at least manslaughter. But my memory is very hazy on this and I could be wrong.
Can someone please eplain to me why these new yobs were only convicted of criminal damage. If the man had dies, they would surely have faced at least manslaughter charges. Possibly even murder charges by transfered malice.... surely? So why, when they have so obviously caused suchGBH were they not tried for attempted murder? Is it the lack of mens rea for murder? Is it because GBH section 20 only carries 5 years and they couldn't prove intent for sec 18? Why did they not face both charges? or did they and were not found guilty of it for some bizarre reason?
There is something very wrong with our CJS which means that these yobs can be convicted of criminal damgae, yet seem to have got away with nearly ending a man's life. I don't like concurrent sentences. I don't like the way we the public are fobbed off with what sounds like a decent stretch, only to find that it means half that. I don';t like the way bail is given, and I don't like the fact that if somoen is remanded in custody, that time is counted as double upon conviction.
sykes is right. My first instinct is rage, and the hope that these two get sorted properly when they come out. Sooner or later, with this sort of injustice, people will take the law into their own hands, and that will be a bad day for justice.
MOP, Joker & reformed character. Honest. I moderate with purple prose
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Posted: 20 February 2008 at 10:32am
It really is time we had a change of Judges in this Country. Most are decrepit old farts, who don't live in the real world, and live in leafy lanes in the stockbroker belt, where crime is almost non existant. I just hope the CPS can appeal this reduction in sentence, it makes a mockery of the law when some Scumbag can get just six years for nearly killing a man. It's time that a sentence can be increased on appeal, like the old days under Lord Justice Cassels who always increased sentences if a frivolous appeal was made. In Cassels days there were very few appeals as the Crims knew what the result would be, extra time.
Light travels faster than sound, thats why some people appear bright, until they open their mouths. A Chicken crossing the road, poultry in motion. .
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Posted: 20 February 2008 at 10:22am
It does make you wonder where this country is heading.
If by some miracle we can get CPS to run with a job, we then have to fight the courts to get a suitable sentance on conviction, it apears nearly everyone makes an appeal very rarley are sentances upheld or increased I hate to say it but i feel we are going to suffer a backlash from all these descisions people will only be pushed so far before they have had enough
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Posted: 20 February 2008 at 10:13am
Take a look at this picture
This is Joe Paxton - he was driving a train in the Kidderminster area, minding his own business, when some morons dropped a slab off an overhead bridge.
The slab bounced off one train and went through the windscreen of the cab that Mr Paxton was in. He was knocked unconscious and received serious injuries.
The two oxygen thieves who performed this act of gross stupidity were caught and convicted. One of them was sent down for seven and a half years.
The defence team for this waste of good skin promptly launched an appeal against the sentence. No doubt paid for by Legal Aid funded by the honest tax-payers of this country - you know, the likes of you, me and Mr Paxton.
As a result of this appeal, Daniel Ratcliffe had his sentence reduced to six years, meaning he will be out in three. Free to "laugh and joke" about how he and his mate nearly killed a man.
If I were Mr Paxton and his family, I don't think words could describe how I would be feeling right now.
Thank you to the Court of Appeal for once again capitulating to the whims of the criminal and ignoring the victims of crime.
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