Can someone explain this to me....

[Speed 3]

Didn't post in NP&E for obvious reasons but I'm really struggling to see whats going on in this story, particularly in regard to sentencing:

http://www.bbc.co.uk/news/uk-england-beds-bucks-he...

How is a haircut considered ABH ?
How is 8 months custodial appropriate given no previous & age ?
"Victim" is 10 so understand the identity protection but the way its reported (as teaching a lesson) suggests a relationship between the two (or the child's father and barber)
10 year old was using a razor on himself ?

Judge seems to have been particularly animated per the quotes

Judge Richard Foster said: "This offence was the premeditated humiliation of a 10-year-old.
Judge Richard Foster said what he did was the "most disgusting piece of humiliation".

What am I missing here ?

[4x4Tyke]

Speed 3 said:

What am I missing here ?

I was wondering exactly the same thing.

Very odd.

[Drumroll]

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

[Vaud]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

^^ this

[jesta1865]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

I'd be royally fked off if they did, but I don't think I'd expect them to get a custodial sentence!

he cut the kids hair off, he didn't take indecent pictures of him.

[bloomen]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

Community service by all means and plenty of it. People get less time for maiming and crippling others for life.

[bad company]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

I agree but 8 months jail seems excessive to me. This was a first offence and the guy doesn’t sound violent or a threat to the public so why jail him at considerable public expense? Much better to impose a fine and community service imo.

[shoggoth1]

Some sort of religious aspect? Some of them are funny about hair cutting.

[simoid]

Presumably your hair is part of your body, so if it’s actually harmed, then it’s ABH? ABH of a child is largely frowned upon. Must have been the circumstances but still, the chap does seem remorseful etc. “8 months for cutting a kid’s hair too short” is quite the headline.

Just found this:

https://groups.google.com/forum/m/#!topic/alt.uk.l...

[agtlaw]

Psychological harm caused to a child. Also see DPP v Smith [2006] 1 WLR 1571 QBD.

In my view, the custody threshold was crossed, but the appropriate sentence was a suspended custodial sentence with a bit of community service.

[esxste]

Maybe Judge was aware of previous but unrelated criminal behaviour?

[InitialDave]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Not that I have enough left to worry about it much, but I certainly wouldn't expect them to be banged up for ABH.

[simoid]

InitialDave said:

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Not that I have enough left to worry about it much, but I certainly wouldn't expect them to be banged up for ABH.

Presumably some restraint/intimidation was involved too in this instance. Or the kid would’ve just upped and left.

[Speed 3]

I think there is a back story that isn't reported re the premeditation/restraint. My big issue, when you compare sentencing in other crimes that most of us would consider much more deserving of custodial sentences, remains the sentence given a lack of prior and the judges fairly expressive comments.

[4x4Tyke]

Drumroll said:

So you would be happy for someone to cut all your hair off, without your permission?

Seems quite clear to me.

FFS get a grip on reality.

Here is a case today, violent attacker, history of violence, spared prison, we see similar cases reported every day.

https://www.hulldailymail.co.uk/news/hull-east-yor...

[anonymous-user]

ABH on a child is quite serious.

My initial reaction was I felt the sentence could be suspended.

[The Rookie]

As with almost any case reported in the media we won't have all the facts.

Sentencing guidelines are quite concise and the judge is required to follow them, its possible there were significant aggravating factors not recorded, or maybe a genuine lack of remorse (that will usually scupper the use of a suspended sentence).

[lyonspride]

The Rookie said:

As with almost any case reported in the media we won't have all the facts.

Sentencing guidelines are quite concise and the judge is required to follow them, its possible there were significant aggravating factors not recorded, or maybe a genuine lack of remorse (that will usually scupper the use of a suspended sentence).

Indeed, but with the media covering this and the Police actually going through with a prosecution, I do wonder if he'd done something more serious (like being in a pedo gang) and this charge was a way to get him punished without everyone hearing of yet another abuse story in yet another town/city.

Edited by lyonspride on Friday 20th April 12:49

[Green1man]

I’m with the OP.

On the face of it ABH on a 10 year old then the sentance seems reasonable, but how on earth can a hair cut be ABH. Doesn’t the army insist on hair cuts, are they forcing ABH in order to be able to join, of course not.

Slap on the wrist required here not 8 month sentence.

[The Surveyor]

Green1man said:

I’m with the OP.

On the face of it ABH on a 10 year old then the sentance seems reasonable, but how on earth can a hair cut be ABH. Doesn’t the army insist on hair cuts, are they forcing ABH in order to be able to join, of course not.

Slap on the wrist required here not 8 month sentence.

There must have been more to it for him to plead guilty to the charge.

On the face of it, the lad was in for a hair-cut and ended up with a hair-cut he didn't like, that alone isn't enough to accept the ABH charge so what else happened that hasn't been reported?