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It is inevitable that, being who I am, this blog will contain a fair bit of comment on legal matters, including those cases which come before me in court. However, it is not restricted to such and may at times stray ‘off-topic’ and into whatever area interests me at the time.

All comments are moderated but sensible and relevant ones, even critical ones, are welcome; trolling and abuse is not and will be blocked.

Any actual case that I have been involved in, and upon which I may comment, will be altered in such a way as to make it completely unidentifiable.





Wednesday 7 December 2011

A Travesty of Justice

The report in the Daily Express of the gang of Somali women who beat and kicked a white woman, and escaped imprisonment because they were drunk, and their religion caused them to be un-used to drink, is amongst the greatest travesties of justice that I’ve come across in many a long year.

The fact that the CPS didn’t also prosecute them for racially aggravated assault, when they called their victim a white bitch and yelled “kill the white slag” is a further travesty, for if that isn’t racial aggravation I don’t know what is.

Had the boot, quite literally, been on the other foot and it had been a gang of white aggressors against a Muslim victim I have absolutely no doubt that it would have been charged as a racial assault and would have resulted in substantial jail sentences.

When Judge Robert Brown said that those who knock someone to the floor and kick them in the head can expect to go inside and that those who do so while being motivated by racial hatred can expect to go for longer he did no more that reiterate the sentencing guidelines, which he then promptly ignored by suspending what was in any case an extremely lenient sentence of six months imprisonment.

The sentencing guidelines suggest that this is a category 1 offence, sustained assault constitutes greater harm, and the use of a shod foot indicates higher culpability.
Given the further aggravating factors, the ongoing effect upon the victim and the commission of the offence whilst under the influence of alcohol, the starting point of 18 months custody would have been more than justified.

I sincerely hope, although with little expectation, that the CPS appeals the decision as being unduly lenient, for otherwise we are in danger of developing a two-tier justice system where Muslims can beat and kick a white person with little chance of punishment while white people are subject to the full rigours of the law should they assault a Muslim.

Political correction can go too far.

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