RE: Facebook fool
Discussion
A question for the legal types; Why couldn't the defendant's lawyer highlight a lack of consistency in previous court case rulings of a comparative nature? Or even other criminal cases that wouldn't be altogether relative?
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
golders said:
Actually Facebook is quite handy for keeping up with your friends and family it's not all bad
Indeed. Only reason I'm still on there nowadays (albeit under a pseudonym) is that outings to the pub, get togethers, meetups, days out etc get booked sometimes on FB.It's just another communication channel for me.
daveco said:
A question for the legal types; Why couldn't the defendant's lawyer highlight a lack of consistency in previous court case rulings of a comparative nature? Or even other criminal cases that wouldn't be altogether relative?
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
Is there a comparative case? All seems to point to this being rather a precedent ... hence the judge using the words 'hopefully this case will send a message ...'.Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
Besides, I think the custodial term is fair. The law generally frowns upon those who shirk taking responsibility for their actions - hence why a hit and run generally gets a harsher sentence than just a hit - and I agree with that.
Edited by Timbola on Tuesday 8th January 15:52
daveco said:
A question for the legal types; Why couldn't the defendant's lawyer highlight a lack of consistency in previous court case rulings of a comparative nature? Or even other criminal cases that wouldn't be altogether relative?
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
Totally agree. Another showroom sentence.Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
I'll be interested to see what Chris Huhne gets (if found guilty)...or will I go to prison for posting this?
daveco said:
A question for the legal types; Why couldn't the defendant's lawyer highlight a lack of consistency in previous court case rulings of a comparative nature? Or even other criminal cases that wouldn't be altogether relative?
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
I assume the charge was attempting to pervert the course of public justice which generally requires an exemplary sentence as a deterrent to others. Given this is an indictable only offence and the 5 months imposed is within the lower court sentencing powers, it is well within the limits for the offence.Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
There was of course an appeal on the incitement to riot cases which was upheld as the defendant claimed it was a joke but that would be harder to claim in this case.
The whole point of a case like this is to deter the general culture that has arisen that it's OK to try and evade culpability. The million excuses get tedious after a while and one of the current issues ids the court time this wastes which can be far better used trying serious offences.
daveco said:
A question for the legal types; Why couldn't the defendant's lawyer highlight a lack of consistency in previous court case rulings of a comparative nature? Or even other criminal cases that wouldn't be altogether relative?
Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
The guidelines this is nearly always a custodial sentence. Courts take offences which go to the integrity of proceedings pretty seriously.Agreed, the man was an idiot but 5 months in prison for this seems an absurd waste of public money and prison space to me.
I did a little thing on this on the tellybox when Huhne got charged: http://www.youtube.com/watch?v=5dLdG_SaxIE
Shameless showing off!
LordPetroleum said:
This...... this is genius, lovely bit of social anarchy sticking it to the man. Should be rolled out nationally IMO
It's not really sticking it to anyone though. There are speed limits. they are the law. Every time you speed, you are endaeavouring to "stick it to him" but there's no point being prissy when he tries to catch you on the one occasion in 1000 you transgress the law. I suspect were it not for the points, most people would just cough up and write it off as a necessary expense.Yes, the law is the law.
Unfortunately, many people think the law gets it wrong on occassion. When you look overseas and see countries with graduated points systems (eg Australia), maybe its time to question the law, eh?
I get a little tired of the people that blindly follow the law without questioning. I get more tired still of authorities (police officers, et al) who blindly follow a bad law to begin with.
And possibly worse of all, is "the machine", whose only intent is to screw the populace into obedience through overbearing sentencing.
Civil disobedience is no bad thing, provided its not violent. Could you just imagine each and every driver refusing to pay fines? What would the government do? They cant remove licenses from everyone, as the economy would grind to a halt. Twould be interesting, but in a practical sense, it would never happen.
Unfortunately, many people think the law gets it wrong on occassion. When you look overseas and see countries with graduated points systems (eg Australia), maybe its time to question the law, eh?
I get a little tired of the people that blindly follow the law without questioning. I get more tired still of authorities (police officers, et al) who blindly follow a bad law to begin with.
And possibly worse of all, is "the machine", whose only intent is to screw the populace into obedience through overbearing sentencing.
Civil disobedience is no bad thing, provided its not violent. Could you just imagine each and every driver refusing to pay fines? What would the government do? They cant remove licenses from everyone, as the economy would grind to a halt. Twould be interesting, but in a practical sense, it would never happen.
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