Home Detention Curfew

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Gorvid

22,233 posts

226 months

Monday 30th July 2007
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burwoodman said:
Interesting case here a couple of years ago. A bunch of peole at an xmas party-fancy dress. A couple were getting frisky in a loo cubicle and some fool crawled under said cubicle and put a match to the chaps grass skirt. It went up in flames-the poor buggar died. No jail was the result-not in public interest, forseability etc.
http://tvnz.co.nz/view/page/423466/35312

http://edition.cnn.com/2001/WORLD/asiapcf/auspac/0...

9 months in jail apparently...

burwoodman

18,709 posts

247 months

Monday 30th July 2007
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fair enough-I was under the impression he got off. Still 9 months is nthing really

gorvid

22,233 posts

226 months

Monday 30th July 2007
quotequote all
burwoodman said:
fair enough-I was under the impression he got off. Still 9 months is nthing really
True

Mr_annie_vxr

9,270 posts

212 months

Monday 30th July 2007
quotequote all
burwoodman said:
I agree with fluffnik and no offense to any plod but a typical vested interest response by them.

Interesting case here a couple of years ago. A bunch of peole at an xmas party-fancy dress. A couple were getting frisky in a loo cubicle and some fool crawled under said cubicle and put a match to the chaps grass skirt. It went up in flames-the poor buggar died. No jail was the result-not in public interest, forseability etc.

If Dan had a record of very poor driving id agree with jail but not a first offence.This is a very emotive subject. However jail is meant to be a last a last resort to other means. The number of thugs on our streets are proof enough of that.

Chin up Dan-hope you're out in a few months.
Why do I have a vested ineterest? I just take the view if you destroy someones life by driving very fast intentionaly and then losing control of your car on a blind bend (its more than forseeable that if I drive very fast and crash the outcome is never going to be good) that a prison term should be part of the result.

Take it you don't think if the biker had died that he should face a prison term either? What about other fatal accidents where the driver is driving dangerously?

I have no vested interest. It makes no difference to me. I just as in individual think you destroy someones life then there has to be some impact upon yours.

burwoodman

18,709 posts

247 months

Monday 30th July 2007
quotequote all
Mr annie-I say vested interest because as a police officer you want everyone who breaks the law to be punished to the full extent of it-no?

Say a man walks along a road smoking a ciggie and throws the live butt over the wall into the river-the butt ignites a boat which in turn sets fire to 50 boats along the river. 100 people die and 50M in damage is caused. What would you expect to happen to the man who caused this event. many would say life in priosn-id say a telling off is about it.




Bing o

15,184 posts

220 months

Monday 30th July 2007
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Mr_annie_vxr said:
Why do I have a vested ineterest? I just take the view if you destroy someones life by driving very fast intentionaly and then losing control of your car on a blind bend (its more than forseeable that if I drive very fast and crash the outcome is never going to be good) that a prison term should be part of the result.

Take it you don't think if the biker had died that he should face a prison term either? What about other fatal accidents where the driver is driving dangerously?

I have no vested interest. It makes no difference to me. I just as in individual think you destroy someones life then there has to be some impact upon yours.
Totally agree - I think some people have lost sight of who the real victim is here.

Moral of the story is don't go anywhere near the edge of your car's performance envelope on the road, and be very aware of the impression that you give to others.

I've said it before, but if the biker Dan hit had put a post up saying how their life had been ruined in the same situation, how many of us would be saying "oh well, he didn't mean it, no need for jail".


burwoodman

18,709 posts

247 months

Monday 30th July 2007
quotequote all
I guess it depends if Dan was a known offending scrote. I dont know enough about the facts but I do believe ones past behaviour/record allows you scope to a point.

If I may ask what exactly were the injuries sustained by this chap.


Bing o

15,184 posts

220 months

Monday 30th July 2007
quotequote all
burwoodman said:
I guess it depends if Dan was a known offending scrote. I dont know enough about the facts but I do believe ones past behaviour/record allows you scope to a point.

If I may ask what exactly were the injuries sustained by this chap.
Pretty ed up by all accounts, I doubt he'll ever work or ride a bike again.

10 Pence Short

Original Poster:

32,880 posts

218 months

Monday 30th July 2007
quotequote all
burwoodman said:
I guess it depends if Dan was a known offending scrote. I dont know enough about the facts but I do believe ones past behaviour/record allows you scope to a point.

If I may ask what exactly were the injuries sustained by this chap.
At the very least; serious impact injuries to his head, a smashed radius and collarbone, chipped bones in his neck and ankles, double vision and a brachial plexus injury removing the use of his right arm. After almost dying on the crown of the road, Brian Sadler spent a number of days in intensive care followed by what is likely to be years and years of hospital treatments to try and correct (where possible) the injuries he sustained. Despite this, he's unlikely to recover the use of the arm.

I have a copy of Mr. Sadler's Victim Impact Statement describing his life following the accident and it is sobering reading. If I had his permission, I would type it onto here for people to read.




Bing o

15,184 posts

220 months

Monday 30th July 2007
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Dan, out of interest, are you out of prison now, or do you get internet access inside?

I just want to commend your attitude and the way you have dealt with this like a man - I know that I would most likely be a snivelling wreck by now!!

burwoodman

18,709 posts

247 months

Monday 30th July 2007
quotequote all
I see-serious indeed. In many respects dan you are lucky this chap had the good frtune to keep breathing. But you know this.

Take care Dan

10 Pence Short

Original Poster:

32,880 posts

218 months

Monday 30th July 2007
quotequote all
Bing o said:
Dan, out of interest, are you out of prison now, or do you get internet access inside?
You're not allowed internet access in Prison, unless it's pre-approved for specific purposes. As you can imagine, it would be a minefield trying to police access amongst criminals.

With regards to my situation, I was sentenced on April 20th 2007 to 12 months imprisonment. Under the current guidelines, most prisoners with short term sentences (under 4 years) are released automatically at the half way point of their sentence. If your sentence is between 12 months and 4 years, you then spend the remainder of your sentence on licence, under Probation supervision.

In addition, and the original point of this thread, is a scheme called Home Detention Curfew. Prisoners serving under 4 years can be released up to 4.5 months before the half way point (though I'm lead to believe this will be increased to 6 months very soon). To qualify for HDC your offence must not be excluded from the scheme (violent and sexual offences are excluded, as are those where a death is involved, such as Death by Dangerous Driving). You must also have no history of breaching trust in the past, such as failure to appear at court, driving whilst disqualified etc, and be deemed little or no risk to the public. As far as I'm aware, you must serve at lease one quarter of your sentence before you can be released on HDC.

I was released last Monday on HDC after serving a quarter of my sentence. From now until the halfway point of my sentence in October I am electronically tagged and must remain at my approved home address between set hours. For the next 16 weeks I must report to the Probation office once a week, after which there'll be a review and it's likely to change to once a month until my sentence expires in April 2008.

I appreciate that my being released so early may leave a bad taste in some people's mouths. All I can say is that the scheme exists, I fit the criteria and it would take a stronger man than I to refuse freedom if it was offered.

burwoodman

18,709 posts

247 months

Monday 30th July 2007
quotequote all
Sits well with me.Clearly lesson learned

Bing o

15,184 posts

220 months

Monday 30th July 2007
quotequote all
10 Pence Short said:
I appreciate that my being released so early may leave a bad taste in some people's mouths. All I can say is that the scheme exists, I fit the criteria and it would take a stronger man than I to refuse freedom if it was offered.
Dan, from the sounds of it, you are one of the few people left with a conscience in this world - all the best, and I hope you get a chance to get into local schools and deliver talks like you said you were planning to.

rude-boy

22,227 posts

234 months

Monday 30th July 2007
quotequote all
10 Pence Short said:
I appreciate that my being released so early may leave a bad taste in some people's mouths. All I can say is that the scheme exists, I fit the criteria and it would take a stronger man than I to refuse freedom if it was offered.
You'll hear no complaint about your early release from me. IMHO your circumstances are exactly those which this sort of scheme should have been designed for.

Edited by rude-boy on Monday 30th July 14:01

RaksP

760 posts

205 months

Monday 30th July 2007
quotequote all
10 pence - thanks for sharing your story. how about your job? i take it you lost the one you had? are you aloowed to work on home detention? how have the authorities helped in finding you work now?


10 Pence Short

Original Poster:

32,880 posts

218 months

Monday 30th July 2007
quotequote all
RaksP said:
10 pence - thanks for sharing your story. how about your job? i take it you lost the one you had? are you aloowed to work on home detention? how have the authorities helped in finding you work now?
Luckily I've got a very understanding employer so I've been able to return to work. There are agencies who operate within prisons (such as SOVA) who work with offenders to get them into employment when they're released. Sadly, an awful lot of people in prison either don't think they can get a job or don't want one. You get paid as much to work in a prison laundry as you do to get education (about £10 a week) in most prisons, so there isn't a huge incentive to improve your prospects, either.

Mr_annie_vxr

9,270 posts

212 months

Tuesday 31st July 2007
quotequote all
burwoodman said:
Mr annie-I say vested interest because as a police officer you want everyone who breaks the law to be punished to the full extent of it-no?

Say a man walks along a road smoking a ciggie and throws the live butt over the wall into the river-the butt ignites a boat which in turn sets fire to 50 boats along the river. 100 people die and 50M in damage is caused. What would you expect to happen to the man who caused this event. many would say life in priosn-id say a telling off is about it.
To your first. I want people to be fairly and effectively dealt with to avoid committing crime again. I also do believe in some form of punishment. The loss of your liberty for a few months is a serious punishment for a law abiding person. However it puts your life on hold and does not destroy it. The chap in this who is the victim sounds like he is in bits. Dan has taken it on the chin and probably considers himself lucky that all he served was 4 months and now he can put it behind him. Due to the serious injuries some form of custodial has to follow.

To your second. It would depend on how exepetced and forseeable the outcome is. If it can be shown its not in anyway a likely forseeable outcome then criminal prosecution is highly unlikely. If it could be shown that he saw the boats, saw one was a petrol tanker and threw the butt over into it only intending that one boat to go up then he would be very culpable.

To be fair its an unlikely set of circumstances.

burwoodman

18,709 posts

247 months

Tuesday 31st July 2007
quotequote all
Mr annie-you seem like a fair and reasonable bloke and I can imagine the scum you have to deal with-take it easy thumbup

Edited by burwoodman on Tuesday 31st July 08:51

freddies_dad

12,689 posts

258 months

Friday 3rd August 2007
quotequote all
rude-boy said:
10 Pence Short said:
I appreciate that my being released so early may leave a bad taste in some people's mouths. All I can say is that the scheme exists, I fit the criteria and it would take a stronger man than I to refuse freedom if it was offered.
You'll hear no complaint about your early release from me. IMHO your circumstances are exactly those which this sort of scheme should have been designed for.
I very much agree.