A Betrayal

I admit to being astounded at the recent decision at Basildon Crown Court to sentence a 16-year-old to just 60 hours of community service, a three-month curfew and a three-year supervision order after he admitted wounding with intent and affray.
The youth, one of a gang of three, stabbed a 46 year old man three times in his back in an attempt to rob two schoolboys.

Now the Sentencing Guidelines for Wounding with Intent to do Grievous Bodily Harm, contrary to the Offences against the Person Act 1861 (section 18) says that, for a category 2 offence, which this undoubtedly was, the starting point should be 6 years imprisonment.
Even at the lowest category the starting point is one of 4 years custody.
Just carrying a knife, and where it’s not used should, according to the Court of Appeal in the 2008 case of R vs Povey, result in 12 weeks custody.

It takes a leap of the imagination which eludes me to find so much mitigation in sentencing to go from 6 years custody to 60 hours of un-paid work!

I can only assume the judge was influenced more by Ken Clarke than he was by the Sentencing Guidelines for last October our notoriously soft Justice Secretary said, to a Commons committee, that he opposed the concept of automatically locking up young knife criminals, saying it was wrong to suggest that every 13-year-old caught using a knife should be sent to jail.

It is frankly farcical to have the Government appointed Sentencing Council saying one thing, and the Justice Secretary saying exactly the opposite.

It’s little wonder the general public has lost faith in this government’s commitment to law and order, and to the protection of the people who elected it. I suspect they will pay dearly for this betrayal at the ballot box.