Sentencing irregularities

[swifty]

I really don't understand how some criminal courts give out far more harsher sentences than others.
My brother-in-law (who we will call T) was sentenced back in June this year to 240 hour community service and had to pay compensation to the "we'll call the other person the victim or V" yet when T started his community service he got talking to a guy that was just about to finish his who after beating a lad half senseless with a crow bar only received 80 hours community service.

I'm not saying what T did was right but he punched his 27 year old son-in-law twice in the face after years of crap, in short he was pushed over the edge along with a lot of other family members so it was just a matter of time before someone decked him.
We are all now aware of the games V plays, he will try and goad you into assaulting him then lie to the police making it sound 10 times worse like his infant kids where present and also threatened, also he will (like he did with my brother-in-law) occasionally call the police to say that you were walking past his house shouting and making threats toward him.
This happened 3 times to T who was duly arrested and put in to the cells for the night before being interviewed in the morning, each and every time T had concrete proof that he was at work and had over 20 witnesses and that V was lying to the police in order to make T (I suppose) get a bigger sentence.

This was brought up in court by T's solicitor along with other proof that V can not be trusted to tell the truth but this was ignored.

I thought courts were supposed to be just and fair, T has accepted his sentence and going every Sunday to do his weekly 7 and a half hours and paying V £2 per week compensation.

V even went round to my nieces house who is a single mother with two young children and was 7 months pregnant and threatened her with violence because of a silly little comment made on facebook, my niece was to scared to go to the police with this.
V is nothing more than a little scum bag and I just hope one day karma will catch up with him and he get what he deserves.

[Hurricane Puffrose]

Re: Sentencing irregularities

When I was 17 (and knew everything, and knew sod all), I got involved with a guy we shall call K.
He beat me so badly that the left side of my jaw is higher than the right, and being 17 I thought it was normal. My friend (and later partner) who we will call W found out, in fact if he hadn't popped by on the off chance there is a very good chance I would be dead.

The police were called, and I was dragged bodily out of the house, the said it was safer to move me than have me in the house as my ex came out, and as he was dragged out, W shouted "One of these days when you least expect it, I will be behind you in a dark alley!"

Now, I am not in anyway slagging the police off, what they did next was the right thing, they locked W in a cell (he broke his foot kicking the door) as they were more scared he would kill K, but K's solicitor got wind of the threats and made a complaint which got W a sumonds and an official police warning. The judge threw the case out, he said the words of the threat could have applied to anything and if he allowed it, anyone could be arrested for saying things like "One of these days you and me are gonna meet up for that drink!

K was not only put on bail, I was advised to get out of London if I could and not tell anyone where I was, the CPS asked the police 4 times if there was a case to answer!

I long since lost my faith in the justice system, but there are the odd cases that give me glimmers of hope!

[Sapphire]

Re: Sentencing irregularities

I was in an abusive relationship many years ago, at that time the police didn't really recognise domestic abuse and put it down to the odd argument, the guy in question delighted in punching me in the boobie regularly (amongst other terrible things, far too terrible to talk about here), weird that as when I found out I have breast cancer, guess what boobie it was.
Hmmmm I often wonder now if there's a link between the punching and the cancer.
I certainly don't blame the coppers for not getting me away from that relationship, there were no safehouses those days, it just took time for me to realise how bad it was and walk the walk, I was lucky I had a good set of parents to run back too.
Since I met my hubby and have a settled life, I have worked quietly supporting those in abusive relationsips and I most definately would support a very harsh sentence for both male and female abusers, because believe it or not there's a hell of a lot of men out there being beaten regularly by women.

[Hurricane Puffrose]

Re: Sentencing irregularities

THANK YOU SAPPHY!

I know a 6'6 male domestic violence survivor, who spent a night in the cells with his arm pouring blood after his Evil Ex bit him and he pushed her on to the sofa to get her off him!
He kept his mouth shut as 1, he is 6'6
2 he is male
3 the evil ex is 5'3.

There is no shame in getting help. No one deserves this.

another display of one rule for us is a woman who had social services involved after her baby rolled off the sofa, a common enough occurance and totally innocent, and Kate Moss, stoned off her box and kept her kids!

[bluebottle]

Re: Sentencing irregularities

What sort of punishment gets handed down by a criminal court depends very much on who is hearing the case.

If it is Justices of the Peace (JPs), who are lay persons, they can and often do come out with crazy and mind-boggling decisions which leave even Clerks of the Court shaking their heads in disbelief. One thing that is very common with JPs... they don't listen and tend to make their minds up before they have heard the evidence.

If it is a District or Deputy District Judge, they are trained solicitors or barristers with at least seven years' practice experience behind them. You tend to get better justice with them.

If it is a Circuit Judge, they are appointed from amongst the ranks of barristers. Their domain is the Crown Court and they work with juries, who determine guilt or innocence.

In all cases, those handing down sentence have to comply with Sentencing Guidelines, which are set by the Sentencing Advisory Committee, as well as Criminal Justice Law. A number of Circuit Judges have vented their frustration at having their hands tied, legally, by Criminal Justice legislation that prevents them from imposing just sentences.

[swifty]

Re: Sentencing irregularities

He was sentenced in our local magistrates court so I'm guessing it would be the three Justices of the Peace.
So if they have a bad evening the day before then who ever has to stand before them in court are in for it 'so to speak'

[Nic]

Re: Sentencing irregularities

The justice system is very unfair I know of a case where an already convicted schedule 1 offender pleaded guilty to a lesser charge of sexual assault on a 10 year old girl (instead of rape) and got community service now that is a joke

[swifty]

Re: Sentencing irregularities

From what I heard they seem to make more mistakes than a blind man learning to fly a 747!
My brother 'black sheep' stole £76k worth of printer cartridges from a very big company he was contracted to (repairing printers and replacing cartridges), each set of colours and black cartridges cost £1500 a set.
He was selling them for £150 each on Ebay, he even came round to see if I could help him sell them on my Ebay account 'I smelt a rat and refused'.
He was eventually caught and summoned to appear in front of the local magistrates court, they gave him 80 hours community service and then said because of the severity of the theft he would have to go to crown court to see if he would face a custodial sentence or have his assets removed to pay off the vast sum of money lost by the company.

We (the rest of the family) bought him a soap on a rope for when he's in the showers

It went to crown court, the judge took one look at the case and threw it out stating that this should never have come this far and it is a total waist of tax payers money as he'd already had a sentence passed on him and he could not be convicted twice for the same crime.
Makes you think wouldn't it be better if we hold some magistrates courts in a chimpanzee enclosure, we might get a more fairer system

[bluebottle]

Re: Sentencing irregularities

The justice system is very unfair I know of a case where an already convicted schedule 1 offender pleaded guilty to a lesser charge of sexual assault on a 10 year old girl (instead of rape) and got community service now that is a joke

What on earth did CPS think they were doing?! A Schedule 1 offender accused of the offence highlighted should have been committed for trial at the Crown Court, not given Community Service. Don't tell me... three JPs were sitting on the bench that day.

[bluebottle]

Re: Sentencing irregularities

From what I heard they seem to make more mistakes than a blind man learning to fly a 747!
My brother 'black sheep' stole £76k worth of printer cartridges from a very big company he was contracted to (repairing printers and replacing cartridges), each set of colours and black cartridges cost £1500 a set.
He was selling them for £150 each on Ebay, he even came round to see if I could help him sell them on my Ebay account 'I smelt a rat and refused'.
He was eventually caught and summoned to appear in front of the local magistrates court, they gave him 80 hours community service and then said because of the severity of the theft he would have to go to crown court to see if he would face a custodial sentence or have his assets removed to pay off the vast sum of money lost by the company.

We (the rest of the family) bought him a soap on a rope for when he's in the showers

It went to crown court, the judge took one look at the case and threw it out stating that this should never have come this far and it is a total waist of tax payers money as he'd already had a sentence passed on him and he could not be convicted twice for the same crime.
Makes you think wouldn't it be better if we hold some magistrates courts in a chimpanzee enclosure, we might get a more fairer system

I think you may well be right about holding magistrates hearing in a chimpanzee enclosure. Abolish JPs.

[Nic]

Re: Sentencing irregularities

What on earth did CPS think they were doing?! A Schedule 1 offender accused of the offence highlighted should have been committed for trial at the Crown Court, not given Community Service. Don't tell me... three JPs were sitting on the bench that day.

Yeah I'm sure ut prob was it's ridiculous this was14 years ago when unfortunately these kinds of incidents didn't seem to be seen as th serious nature of it in my opinion anyone found guilty should be locked up for life and castrated as they give there victims life sentences

[Nikolai]

Re: Sentencing irregularities

I've seen many conflicting decisions, with magistrates in one part of the country deciding differently to those an hour's drive away! Similar cases, similar facts, both Defendants having similar circumstances. You would be mistaken if you expect consistency in the magistrates court.

[Sapphire]

Re: Sentencing irregularities

I've been toying with the idea of applying to become a Magistrate for the last couple of years, my husbands cousin is one, I've talked loads to him about it and he's even said that I can put him down as a reference, trouble is I have a now spent conviction and am worried it will go against me, plus I worked as support staff for the police for a while, now shall I apply and 'forget' to put those details on the form, should I apply and be honest or should I just forget the whole thing ?
Answers on a postcard please.

[swifty]

Re: Sentencing irregularities

They have application forms!
now where's that address at for Chester zoo

Seriously though! I think you should just go for it sapphire, but don't withhold anything, it could come back and bite you when you least want it to.