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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.





Tuesday 30 October 2012

Despair


I despair at the continuing inequalities in sentencing.

A Leeds football fan attacked the Sheffield Wednesday goalkeeper, leaving him essentially unarmed but 'shocked and dazed' and for Common Assault received a 16 week prison sentence.
Joanne Armstrong carried out a 'very violent' attack as the ringleader of a gang of thugs, stamping on her victim with her stiletto shoe leaving him with a fractured jaw. Having pleaded guilty to causing Grievous Bodily Harm she walked free with a derisory eight month suspended sentence.

Why is this so unequal?
Lets look at the Sentencing Guidelines, which all courts are bound to follow.
Common Assault
Injury less serious, = lesser harm and with no higher culpability factors puts it into category 3, or at the worse category 2.
Aggravating features, in a public place, mitigating features, single blow, cancel each other out.
Entry point for sentencing, at category 3 a fine, at category 2, a medium level community order.
16 weeks custody? How?

Now for GBH.
Serious injury (a broken jaw) and a sustained assault = greater harm
Use of a weapon (a shod foot) and a leading role in a gang = greater culpability which puts this firmly into category 1, for which the starting point for sentencing is 3 years imprisonment.
8 months suspended?
How?

I continue to despair.

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