A story from my local paper....
Discussion
Sooo, you violently assault someone, they die, and after 22 previous convictions you get released and told this is your very last chance. Hmmm. Doesn't sound like justice.
A SHEERWATER man was given an early Christmas present when he was spared jail for headbutting, biting and punching a pub landlord during a drunken assault in May this year.
Jake Black, 23, of Hennessy Court, Sheerwater, pleaded guilty to one count of ABH against Michael Clarke, who at the time was the landlord of the Birch and Pines in Dartmouth Avenue. But Judge Michael Addison, who sentenced Black on Thursday December 20, gave him a six month suspended sentence to run alongside alcohol and mental health supervision requirements.
Guildford Crown Court heard, that on May 31 Black punched Mr Clarke in the right eye in the early hours of the morning following an argument about payment for furniture.
Richard Bendall, prosecuting, said the fight was broken up but Black, who had been drinking for six hours, stayed in the pub and an hour later resumed his assault on the landlord – this time headbutting and biting Mr Clarke on the chest as the pair fell to the ground.
Mr Bendall said in a sad turn of events, Mr Clarke died later the same night. A post-mortem revealed the death was as a result of a pre-existing heart condition but this assault ‘would not have helped’.
He added: “There is an aggravating fact that having been separated the defendant assaulted Mr Clarke an hour later.
“Mr Clarke sustained grazing on the elbow and a bleeding nose as well as the injury to the chest. In police interview, the defendant said his own father was in hospital as a result of a heart attack and he decided he would like to get drunk to fortify himself before visiting his own father.
“He had been drinking in a different establishment before going to the Birch and Pines. He said he thought the victim was laughing at him.”
The court was told Black had 22 previous convictions dating back seven years, including for violence combined with drunk and disorderly behaviour.
This offence was committed while under a community order for attacking a police constable.
James Devane, defending, said Black suffers from anxiety and panic attacks linked to his history of depression.
He said: “He has not taken much notice of sentences passed by the courts in the past, but there has been a sea-change in this young man.
“Most of his offending over the years has been as a result of alcohol abuse. In the past he has gone through one door only to go full circle and go back through that same door months later.
“He expressed remorse in the interview and to the victim’s family who are here in court today. He has made three attempts to commit suicide since this arrest. It is absolutely his last chance.”
Judge Michael Addision added: “It was a serious attack and it is perfectly plain you have not paid much attention to community orders.
AJS- said:
I read this and was wondering what do you actually have to do to go to prison in the UK? It seems speeding, TV licence evasion will do it, and of course saying the wrong thing on Twitter or Facebook can too. So why not a savage beating that causes someone to die? It's a f
king joke.
You are correct. I guess that if you were to hurt someone related to an MP or an influential civil servant though, you would go to jail.king joke.
As I'm sure I've previously mentioned, a very good mate of mine is a copper and, sadly, this sort of recidivism is widespread.
If it baffles you and I, imagine how pissed off the police are with these 'special customers'. It's them who have to "meet & greet" the scum, no mean feat in itself, then process all the paperwork and then see idiot judges handing out derisory 'punishments' if the CPS don't balss the case up beforehand.
I'm all for redemption and rehabilitation, but IMHO both require meaningful punishment as a starting point for there to be any justice for victims and society.
If it baffles you and I, imagine how pissed off the police are with these 'special customers'. It's them who have to "meet & greet" the scum, no mean feat in itself, then process all the paperwork and then see idiot judges handing out derisory 'punishments' if the CPS don't balss the case up beforehand.
I'm all for redemption and rehabilitation, but IMHO both require meaningful punishment as a starting point for there to be any justice for victims and society.
dudleybloke said:
its things like this that makes me wish we had the "3 strikes" rule.
We sort of do. http://www.rmascotland.gov.uk/news-and-information...
Not available outside Scotland
http://www.telegraph.co.uk/news/uknews/law-and-ord...
Figures show that in 2011, 340 people convicted of grievous bodily harm and eight rapists were handed community sentences - punishments which critics say amount to little more than a slap on the wrist.
Campaigners said the figures were “horrendous” and an insult to victims.
The statistics, disclosed by Jeremy Wright, the prisons and rehabilitation minister, will intensify concern about how the courts are failing to impose deterrent sentences on violent criminals.
Figures show that in 2011, 340 people convicted of grievous bodily harm and eight rapists were handed community sentences - punishments which critics say amount to little more than a slap on the wrist.
Campaigners said the figures were “horrendous” and an insult to victims.
The statistics, disclosed by Jeremy Wright, the prisons and rehabilitation minister, will intensify concern about how the courts are failing to impose deterrent sentences on violent criminals.
NDA said:
I'm not sure where Judges such as this one, have set their moral compass to point. In the USA this chap would be locked up for good.... 23 years old and 22 convictions and now one for killing a man.
This sort of story really makes me despair!
He didn't 'kill a man'. Read the story properly before despairing.This sort of story really makes me despair!
AJS- said:
I read this and was wondering what do you actually have to do to go to prison in the UK? It seems speeding, TV licence evasion will do it, and of course saying the wrong thing on Twitter or Facebook can too. So why not a savage beating that causes someone to die? It's a fking joke.
There's probably statistics to prove me wrong but my impression is that Courts think people like the one referred to in the OP are a lost cause and haven't got anything to lose so there's no point in punishing them.king joke.It's as if someone with a job, family etc is worse in the eyes of the law as they ought to have known better.
10 Pence Short said:
Personally I think it's fare more dangerous, applying rigid sentences irrespective of the circumstances, than being allowed in certain circumstances to hand down an appropriate one.
Indeed.But equally as dangerous to allow such inappropriate sentences to be handed down without sanctions being imposed against the judge.
Jasandjules said:
10 Pence Short said:
Personally I think it's fare more dangerous, applying rigid sentences irrespective of the circumstances, than being allowed in certain circumstances to hand down an appropriate one.
Indeed.But equally as dangerous to allow such inappropriate sentences to be handed down without sanctions being imposed against the judge.
"a six month suspended sentence to run alongside alcohol and mental health supervision requirements." Prison would appear to offer nothing to this human being. Perhaps if he can vget his alcohol and mental health issues under control he can go back to being a contributing member of society rather than getting written off and being a burden on the state for the rest of his life.
NDA said:
Jake Black, 23, of Hennessy Court, Sheerwater, pleaded guilty to one count of ABH against Michael Clarke, who at the time was the landlord of the Birch and Pines in Dartmouth Avenue. But Judge Michael Addison, who sentenced Black on Thursday December 20, gave him a six month suspended sentence to run alongside alcohol and mental health supervision requirements.
NDA said:
The court was told Black had 22 previous convictions dating back seven years, including for violence combined with drunk and disorderly behaviour.
This offence was committed while under a community order for attacking a police constable.
James Devane, defending, said Black suffers from anxiety and panic attacks linked to his history of depression.
He said: “He has not taken much notice of sentences passed by the courts in the past, but there has been a sea-change in this young man.
“Most of his offending over the years has been as a result of alcohol abuse. In the past he has gone through one door only to go full circle and go back through that same door months later.
“He expressed remorse in the interview and to the victim’s family who are here in court today. He has made three attempts to commit suicide since this arrest. It is absolutely his last chance.”
So he's done everything he could, he pled guilty, has shown remorse to the relatives and his previous is for predominantly alcohol related offences. He also has medical history. This offence was committed while under a community order for attacking a police constable.
James Devane, defending, said Black suffers from anxiety and panic attacks linked to his history of depression.
He said: “He has not taken much notice of sentences passed by the courts in the past, but there has been a sea-change in this young man.
“Most of his offending over the years has been as a result of alcohol abuse. In the past he has gone through one door only to go full circle and go back through that same door months later.
“He expressed remorse in the interview and to the victim’s family who are here in court today. He has made three attempts to commit suicide since this arrest. It is absolutely his last chance.”
IMHO The judge might be right. Whilst the public need protection, the guy needs help not prison.
He's hardly a violent criminal, just a violent drunk sometimes.
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