MILK SHAKES AND NIGEL FARAGE

With regard to the sentencing of Victoria Thomas Bowen for throwing a milk shake over Nigel Farage I don't agree with the comments made by the balding, talentless hack James Whale who writes a column for the Daily Express.

He "can't believe" that Miss Thomas Bowan was spared jail by the judge - I can't believe that any judge with even a passing acquaintance with the sentencing guidelines could have imposed a 13 week prison sentence, albeit suspended for 12 months.

The guidelines for Common Assault in contravention of Section 39 of the Criminal Justice Act 1988 where the offence was NOT Racially or religiously aggravated nor committed against an emergency worker are:

 HIGH CULPABILITY

·         Intention to cause fear of serious harm, including disease transmission

·         Victim obviously vulnerable due to age, personal characteristics or circumstances

·         Prolonged/ persistent assault

·         Use of substantial force

·         Strangulation/ suffocation/ asphyxiation

·         Threatened or actual use of weapon or weapon equivalent*

·         Leading role in group activity

 None of which apply so LESSER CULPABILITY at Category B applies.

HARM

What occurred can be no more than:

Minor physical or psychological harm/distress

So harm is at Category 2

Now the sentencing guidelines for Harm at category 2 and Culpability at category B                            has a sentencing range of a fine at Band B up to a high level Community Order, with a starting point of a low level community order - not a 13 week prison sentence with an attached condition of 120 hours of unpaid work, of itself equivalent to a medium level Community Order.

The judge's comments are illuminating -

 "In recent months I have dealt with several cases of unlawful attacks on politicians, whether online or physical. This is a dangerous trend. This was not just an attack on him, but in my judgement, an attack on our parliamentary democracy".

"The risks of face-to-face engagement with the public are just too clear, bearing in mind the murders of two other Members of Parliament in recent years."

So the judge is dealing with this simple attack upon who, at that time, was no more that a Parliamentary candidate NOT an MP as an attack upon the UK Parliament and democracy itself , ie akin to treason!

Which is manifestly ridiculous.

He also links this trivial offence with the murders of two Members of Parliament in the past, which this offence has absolutely no connection with, but this judge thinks fit to punish Victoria Thomas Bowen for the actions of others.

Whilst James Whale's comments do no more than illustrate his ignorance of the judicial process the "dangerous trend" referred to by the judge is not the throwing of a milk shake but the lamentable lack of justice exhibited in the sentencing of Victoria Thomas Bowen.