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So what exactly is a fair sentence?
Posted: Tue Feb 17, 2009 9:21 am
by one eyed jack
So we know there are no convictions for the Jean Charles DeMenezes case and the portugese trucker who got sentenced to three years for wiping out a whole family with his 40 ton lorry.
I know we like to have a good barney on here about the law being an ass etc but seriously, what kind of sentence do you think is fair?
Lets take into consideraation that the truck driver didnt start his day expectng to wipe out a whole family and those officers involved with the DeMenezes shooting may have been a little panicked themselves being put in a situation where a splkit second decision made wrong couldve been an explosion that killed tens maybe hundreds of people.
I do wonder if the outcome would have been different if a mother of two was shot dead during the DeMenezes thing and whether the fact he was brazilian might have impeded the Judge and jurys decision.
So again i ask...What is a fair sentence?
Re: So what exactly is a fair sentence?
Posted: Tue Feb 17, 2009 9:58 am
by number 6
If somebody sets out to kill and does so without motive lock them up and throw away the key. Other than that its a grey area and every case is different, for example some poor cow whos been knocked fropm pillar to post by her husband for years and eventually takes a knife to him shouldn't be locked up.
Re: So what exactly is a fair sentence?
Posted: Tue Feb 17, 2009 10:25 am
by colonel
Terry,
No comment on the De Menezes- I don't know or purport to know the case.
The Llandudno family were acquaintances of friends of mine. It works out at six months a life...now, I am not saying throw away the key- but 10 years would have been much much better. I hope the Attorney-General reviews and updates the sentence.
Re: So what exactly is a fair sentence?
Posted: Tue Feb 17, 2009 1:07 pm
by JonathanWilson
Personally for the death by dangerous driving incedent I think it should have been much higher, especially as I believe the max is now 14 years. That said I'm not sure when that passed into law and if the incident was prior.
There was, I'm guessing, no proof that the driver was using the laptop and even if he did, as alleged, use it as a satnav I would guess there is no specific sub-clause against this and it would be hard to prove that the driver was distracted/due care and attention etc. Which is why, again, I'm guessing it was such a low sentance.
I'm also guessing thats why manslaughter was not the charge used, although perhaps it can't be used in traffic incedents? If so surely it would be better to remove the offence(s) of dangerous driving et. al. from statute and use another offence such as manslaughter?
Re: So what exactly is a fair sentence?
Posted: Tue Feb 17, 2009 2:51 pm
by Steve R
The fellow was in fact convicted of 'causing death by careless driving', for which the maximum penalty is five years' imprisonment.
Given the details of this case, and the fact that he was given three years, one struggles to imagine just how carelessly a person must drive - and what the result of his careless driving must be - in order to receive the maximum five years.
Re: So what exactly is a fair sentence?
Posted: Wed Feb 18, 2009 6:03 pm
by mrchapel
Funny how you can murder someone in a car and get away with it if you claim its an accident.
There was a case here of a little arsehole stealing a car and mowing down a barman on his way home. He got I think 4 years. The courts refused to believe it was intentional and couldn`t be connected to the barman refusing to serve the little chav when he was too drunk only a few hours before .
Traffic accidents are different from most cases. If its a actual accident then the drivers got to live with the guilt as well as other consequences. But all too often its some dick driving with total disregard for others. Those arseholes should never be allowed to own a bike again let alone a car
Re: So what exactly is a fair sentence?
Posted: Thu Feb 19, 2009 9:47 am
by videokim
We had a similar case were the Greek kid got murdered by 3 Brit thugs & our goverment refused for 2 of them to go to Greece to get convicted, its not fair but its what most countries do when sentencing people from abroad.
In Thailand its a death sentence to anyone carry drugs but if you are British they wave the law to the fury of Thai people who can't understand why Europeans & Americans can flaunt their laws this way.
As for the other poor kid shot by our police..this is something they will have to live with for the rest of their lives but its caused a big change to the way police will deal with this in the future so something good might come of it.
The authorities are not fair in this country & it depends on the day what mood the judge is in before they sit court. We have friends who are judges & they have told us how they chat about & decide a case (they don't talk to us about cases) over their eggs & bacon, this judge in question must have had a big slap up breakfast & a win on the horses to have given such a light slap on the wrist sentence.
Good ole British justice....
John
Re: So what exactly is a fair sentence?
Posted: Thu Feb 19, 2009 3:23 pm
by one eyed jack
That or he had a jolly good shag that morning or even both Kim!