Crime and punishment

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surveyor_101

5,069 posts

180 months

Monday 26th November 2018
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hutchst said:
Another inherent weakness in the system is establishing a politically neutral jury in a political trial.

This trial is political, in the sense that nobody really gives a stuff about driving at 41mph in a 30 limit, so potential jail time for a minor speeding transgression will be seen by many as victimisation, particularly when the victim is a disabled black lesbian commie, who has gone through life being convinced by the society that she inhabits that she is a victim. It is compounded by holding the trial at the Old Bailey (why is that??) for a number of reasons. The jury is selected (I presume) from the London boroughs, where most people don't own cars, and most people in London vote Labour and return Labour MPs.

I have a feeling that if the trial was held in Cambridge, where the offence took place, there would be a diferent outcome.

Does anybody know why the trial was at the Old Bailey, and if there is a hung jury and a retrial, will that also be at the Old Bailey?
Seems wierd I thought it was not held in cambridge but maybe as she is the MP and has the popular vote there they thought it unable to get a fair trial.






agtlaw

6,725 posts

207 months

Monday 26th November 2018
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I'm reminded that there was also a retrial in the Pryce case.

hutchst

3,706 posts

97 months

Monday 26th November 2018
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surveyor_101 said:
Seems wierd I thought it was not held in cambridge but maybe as she is the MP and has the popular vote there they thought it unable to get a fair trial.
She's MP for Peterborough, not Cambridge

Red Devil

Original Poster:

13,069 posts

209 months

Monday 26th November 2018
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agtlaw said:
Deadlocked. Jury discharged. Retrial pending.
Quelle surprise. As I predicted last week no unanimity or majority.

agtlaw said:
I'm reminded that there was also a retrial in the Pryce case.
Do you suppose that the jury in the current case are equally intellectually challenged?
What happens if the same result occurs a second time?
Does the mincing machine grind on yet again until a not guilty/guilty verdict is returned?

jfire

5,893 posts

73 months

Monday 26th November 2018
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Derek Smith said:
jfire said:
So basically if you chuck in enough nonsense excuses to confuse the jury you'll get off

I'll be sure to blame my brother/ MS neither of which I have, if I ever get in to trouble.
It's a common enough tactic of defences. If it is felt that there's overwhelming evidence of a client/paymaster's guilt then they need one of the methods out of the book most lawyers keep. You can't blame a jury in such cases.

An inherent weakness in the system is also a major safeguard. The jury is made up of you and me. We decide guilt. However, the unprincipled can exploit this.

There was a case where a jury found not guilty and the judge, incensed, kept them back and read out the defendant’s pre-cons. Well out of order I felt. It was the talking point in the nick I was in for some time, almost all bobbies feeling that the jury would go home feeling guilty when it was not their fault.

Of course, not knowing all the ins and outs of this case, I cannot say if any of the above applies to this woman.

I had to drop a case, drink driving, against a prominent member of the local establishment when I was in the City police and I was, to put it mildly, irritated. An experienced bobby said not to worry as they will always come again. And the bloke did, within a couple of months.

Whilst that’s no problem with traffic offences in the main, although letting an alcoholic out on the roads driving a powerful car was dangerous, it is not so easy to accept letting a child killer stalk again. The last thing one wants is for them to come again.
Yes with previous you'd consciously or subconsciously weigh that against the defendant but faced with the evidence here the jury would just about be forgiven for not being 100% sure within the letter of the law that it wasn't the One Armed Man

AlexiusG55

655 posts

157 months

Monday 26th November 2018
quotequote all
hutchst said:
Another inherent weakness in the system is establishing a politically neutral jury in a political trial.

This trial is political, in the sense that nobody really gives a stuff about driving at 41mph in a 30 limit, so potential jail time for a minor speeding transgression will be seen by many as victimisation, particularly when the victim is a disabled black lesbian commie, who has gone through life being convinced by the society that she inhabits that she is a victim. It is compounded by holding the trial at the Old Bailey (why is that??) for a number of reasons. The jury is selected (I presume) from the London boroughs, where most people don't own cars, and most people in London vote Labour and return Labour MPs.

I have a feeling that if the trial was held in Cambridge, where the offence took place, there would be a diferent outcome.

Does anybody know why the trial was at the Old Bailey, and if there is a hung jury and a retrial, will that also be at the Old Bailey?
The Old Bailey is in the Cities of London and Westminster constituency, currently represented by a Conservative. The MP for Cambridge is Labour.

Although of course juries are drawn from a wider area than constituencies- I served at Southwark Crown Court while living in Hampstead and Kilburn.

As for why it was at the Old Bailey, I think trials of MPs tend to be in London. Chris Huhne's was (he was MP for Eastleigh in Hampshire, the offence was in Essex).


anonymous-user

55 months

Monday 26th November 2018
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Red Devil said:
Do you suppose that the jury in the current case are equally intellectually challenged?
What happens if the same result occurs a second time?
Does the mincing machine grind on yet again until a not guilty/guilty verdict is returned?
If it went through a couple of trials without verdict, would it get to the point that it's an abuse of process and stayed (or withdrawn by CPS to avoid stay in the hope more evidence pops up one day)?

hutchst

3,706 posts

97 months

Tuesday 27th November 2018
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AlexiusG55 said:
The Old Bailey is in the Cities of London and Westminster constituency, currently represented by a Conservative. The MP for Cambridge is Labour.

Although of course juries are drawn from a wider area than constituencies- I served at Southwark Crown Court while living in Hampstead and Kilburn.

As for why it was at the Old Bailey, I think trials of MPs tend to be in London. Chris Huhne's was (he was MP for Eastleigh in Hampshire, the offence was in Essex).
Thanks, but I note that currently 49 out of 73 London MPs are labour (67%) and 5 out of 7 Cambridgeshire MPs are Tory (71%), which could be construed as empirical evidence of the political make up of the jury pool. And Huhne's trial was at Southwark, my passing interest is in the allocation of criminal cases to the Old Bailey.

agtlaw

6,725 posts

207 months

Tuesday 27th November 2018
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The retrial is before a High Court judge (sitting in the Crown Court) and a jury. I doubt that the last jury were as challenged as the Pryce jury. A significant difference here is that the jury were a man down. Therefore, the prospect of deadlock increased significantly. If only two members of an 11 member jury dissent from the majority then that means deadlock - whereas in a 12 member jury that would have been an acceptable majority verdict. Of course, we don’t know whether they were evenly split or two jurors were holding out - and we don’t know if the majority were for NG or guilty.




hutchst

3,706 posts

97 months

Tuesday 27th November 2018
quotequote all
Thanks for that. I get that it's a first tier court for indictable offences, but I guess someone, somewhere exercises some discretion to move a trial from (in this instance) Cambridge to the Old Bailey. Who is that person, and is there any degree of transparency, that the public can see what factors were considered in reaching the decision?

This is not a major crime (at least not in my opinion) and this lady is a low grade back bench politician, only elected to parliament a year ago, she's hardly high profile, and it won't rock the nation if she gets sent down. Huhne, by comparison, was a government minister at the time he was charged.

jfire

5,893 posts

73 months

Tuesday 27th November 2018
quotequote all
The speeding offence was a lot less serious than lying about it, which in turn becomes less serious than web of lies and intentional deceit which you then allow to be presented to a jury.

Derek Smith

45,761 posts

249 months

Tuesday 27th November 2018
quotequote all
hutchst said:
Thanks for that. I get that it's a first tier court for indictable offences, but I guess someone, somewhere exercises some discretion to move a trial from (in this instance) Cambridge to the Old Bailey. Who is that person, and is there any degree of transparency, that the public can see what factors were considered in reaching the decision?

This is not a major crime (at least not in my opinion) and this lady is a low grade back bench politician, only elected to parliament a year ago, she's hardly high profile, and it won't rock the nation if she gets sent down. Huhne, by comparison, was a government minister at the time he was charged.
What's your problem with it being moved to the Central Criminal Court?

I'd disagree that it is not a major crime.

The defence can ask for the trial to be moved. We don't know if this occurred in this particular case.


untakenname

4,970 posts

193 months

Tuesday 11th December 2018
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Her retrial is today, not much about it in the media yet.

surveyor_101

5,069 posts

180 months

Tuesday 11th December 2018
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untakenname said:
Her retrial is today, not much about it in the media yet.
I wonder if she has surrendered her licence and notified the DVSA/DVLA about her MS coming back?

S11Steve

6,374 posts

185 months

Tuesday 11th December 2018
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untakenname said:
Her retrial is today, not much about it in the media yet.
Another media blackout in place I should imagine, just like the latter days of the last trial.

Starfighter

4,933 posts

179 months

Tuesday 11th December 2018
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surveyor_101 said:
I wonder if she has surrendered her licence and notified the DVSA/DVLA about her MS coming back?
A friend has MS and a driving licence. Her doctor signs her off every year. It is reportable but nota mandatry ban.

surveyor_101

5,069 posts

180 months

Wednesday 12th December 2018
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Starfighter said:
A friend has MS and a driving licence. Her doctor signs her off every year. It is reportable but nota mandatry ban.
I appreciate its not automatic revocation, but my point is she is claiming memory issues and its come back but seemly it appears she has never notified the DVLA or her Doctor has. More likely is she is lying and playing the poor black, disable woman in a hope she won't be found guilty. Any decent QC would be presenting proof of this was it the case that medical records etc existed to substantiate her bull crap.

Starfighter

4,933 posts

179 months

Wednesday 12th December 2018
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beer
No worries on that.

Anyone know someone at DVLA that could make sure the medical team are made aware?


I am going to be ken to see the changes made by the defence team in the hope of a more coherent defence.

fastbikes76

2,450 posts

123 months

Wednesday 19th December 2018
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Guilty !

Fiona Onasanya: Peterborough MP guilty in speeding case http://www.bbc.co.uk/news/uk-england-cambridgeshir...

iandc

3,720 posts

207 months

Wednesday 19th December 2018
quotequote all
fastbikes76 said:
Guilty !

Fiona Onasanya: Peterborough MP guilty in speeding case http://www.bbc.co.uk/news/uk-england-cambridgeshir...
Great result but it begs the question WHY do it in the first place? £100 plus 3 points I wouldn't have thought had a major impact on her finances or working life. After all it was 41 in a 30 limit. Not exactly breaking the sound barrier!