Which would be one reason that it was charged as GBH and not simple assault. But there's not much point trying to guess from a half column page 5 article in a local newspaper is there?
True, but we do know the injuries - that is enough to categorize the level of assault. Other facts are merely aggravating or mitigating features. They should not affect the charge, but merely the sentence.
In your opinion what would be the appropriate sentence? 10 years?, 20? life?
Just the CPS improving and charging under the correct section - not going for the easy guilty verdict. Some of the prosecutors I have seen are awful. I once saw a barrister in the crown attempt to charge my client (or my firms) with 4 different types of assault for the same incident. The whole court laughed at him.
Execution? The problem is that if it was your husband, wife or child - there is no sentence big or violent enough. That's why justice is taken care of objectively by those not involved and NOT by the mob.
Bang on. Excuse my earlier comments about the birch, they were not meant to be taken literally.
The law is there to protect the public from the worst inclinations of the public. So luckily neither you, your neighbour, the screw or I get to be asked what we personally think the correct sentence should be.
Well somebody has to ask! If the law is based on morality where does the basis for those morals come from? 20 years ago rape within marriage was legal.....are you still sure the law protects?
Be careful what you wish for. I doubt you'd like the justice of the mob. Remember that everyone in this country gets a trial if they say 'not guilty' to any charge. They then get to be judged by twelve ordinary members of the public - absolutely NOT the upperclass. The judge is the umpire not the jury.
Thats simply not true. All offences are tried by jury are they? No, of course they are not. And as I said. If you are black or female it is a proven fact that you will get a tougher sentence. It's also a fallacy that trial by jury is fair. Sit on a jury and you will see that. If he "looks like a pedo", he's getting convicted of being a pedo.
After the jury decides guilty or not, the judge sentences based on guidelines that try to ensure that nothing random happens.
See above, most trials aren't by jury. Try to ensure yes, thats why William set up the courts all those years ago - for consistency of judgments.
The beauty and genius of our system is that our law is independent of everything. That's you, me, the mob and government. It's one of our very best inventions. It works rather brilliantly.
Ideals mate. I was once like you. It's very noble, but I have seen how the system lets the victims down, the public down and even the offenders down. The notion of a fair trial is pure spin. This country is already in a state of the more money and the more contacts you have, the more of a fair trial you get.
More money = better lawyers = better chances. Many legal aid solicitors are just pants, they are on poor money and lack the skill to deal with many offences. Many CPS barristers are just a awful (as alluded to above). There is a dual system in the courts - those funded by the LSC on £55 p/h and those privately funded at £250 p/h. You get what you pay for. I know I would rather have Michael Mansfield defending me than Barry Mansfield the clerk from the local solicitors.
You're off topic ranting again.
No. You are stating your opinions and ideals of the law and stating this as fact. I am merely doing the same as you but being more upfront that those are my opinions. You are also commenting on the causes of crime and for the most part it seems to be a "class problem". You are propagating a myth. Crime is just as rife in upper society, its just not as reported and not dealt with - and often takes a different form.
Drug abuse for example - I think I saw more drug abuse at law college than I did growing up in an area rife with heroin and crack addicts - rich kids snorting coke. Except they aren't the ones on street corners involved in ASB, or doing thefts etc - they get bankrolled to fund their habits.
They steal to feed their habit. The cause is the habit.
The symptom is the habit. The cause is criminal tendency, delinquency and weakness.
Sure, those people exist and they're responsible for a lot of crime. How many are older than 25?
I know exactly how old they are, the police told me. They are at school. But there are others in the older age group who are responsible for similar numbers (they know who has done every burglary by the m.o.)
