• This topic has 20 replies, 16 voices, and was last updated 9 years ago by DrJ.
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  • 4 yrs for pensioner attack – reasonable or excessive?
  • deepreddave
    Free Member

    Alan Barnes attack

    I often wonder why sentences are so lenient so am not a ‘liberal softy’ but 4 yrs struck me as way longer than some much shorter sentences for more violent crimes committed by people with a history of reoffending.

    If this was the benchmark then maybe ok but is this simply a response to publicity which will be overturned on appeal and largely out of the media spotlight?

    WorldClassAccident
    Free Member

    This guy got just 12 months

    http://www.dailyecho.co.uk/news/12867665.Mugger_knocked_87_year_old_to_the_ground_as_he_took_her_bag/

    He didn’t intend to mug her though. He was drunk and bumped into her then decided to grab her bag and leg it. He seems contrite though

    muppetWrangler
    Free Member

    I have no problem with a 4 years sentence for that crime. The issue of parity of sentencing is something that needs to be addressed though.

    jambalaya
    Free Member

    Seems a bit light as he’ll only serve 2 years. However he has shown remorse and he didn’t use excessive violence.

    Pawsy_Bear
    Free Member

    However he has shown remorse and he didn’t use excessive violence.

    he did break his collar bone, guess some think that violence is acceptable? Define excessive violence? Each case is different, such terms are irrelevant. Violence is unacceptable. I don’t suppose the victim will get over the attack quickly or at all at his age.

    breatheeasy
    Free Member

    It’ll be a long four weeks or him, let alone four years. By all accounts there are plenty of fellow inmates who want to have an indepth discussion with him…

    tpbiker
    Free Member

    I have no issue with him getting 4 years, but its out of kilter with many other assaults where the thug gets far far less.

    Seems to me the sentence has been influenced by public opinion rather than parity with other similar attacks

    tpbiker
    Free Member

    It’ll be a long four weeks or him, let alone four years. By all accounts there are plenty of fellow inmates who want to have an indepth discussion with him…

    off topic but…i really struggle to understand the ‘prison hierarchy’ mentality. Where stabbing someone to death seems fine, but pushing an old man over isn’t…

    andyrm
    Free Member

    I’ve got no problem with this.

    Personally, I feel that for violent crimes of this nature, we should have hard labour on prison farms.

    It should be a threat, a punishment and something to be frightened of.

    deepreddave
    Free Member

    I’m expecting a sentence to reflect the elements of punishment plus prospect of reoffending (keeping citizens safe for a time at least). If this is 4yrs worth of offence then I’m guessing whoever has responsibility for consistency in the MoJ ought to be a very busy boy/girl delivering ‘education’ to Judges.

    deluded
    Free Member

    He was found guilty of a serious specified offence that carries a maximum term of life imprisonment. The deliberate selection of a vulnerable victim and extent of injury (physical & mental) caused are aggravating factors. From what I understand the attack took place during the hours of darkness, which again aggravates the offence. It also took place outside the victims home address – the location can also be a factor that indicates a more serious degree of harm. These features impact on the culpability of the offender and harm caused by the offence.

    The starting point is 4 years custody with a sentencing range of 2 – 7 years depending on circumstances. I don’t know what his previous was or whether the offence was committed whilst on bail or under an order.

    He’s lucky not to have been weighed off for longer despite the presence of some mitigation.

    freeagent
    Free Member

    I’ve got no problem with this.

    Personally, I feel that for violent crimes of this nature, we should have hard labour on prison farms.

    It should be a threat, a punishment and something to be frightened of.

    This is about where I stand as well…

    gobuchul
    Free Member

    4 yrs struck me as way longer than some

    Have you seen the size of the little bloke he assaulted?

    “Back in the day” I used to see him walking along the High Street, in Low Fell, Gateshead.

    He is absolutely tiny and suffers from numerous disabilities.

    He is well known in the area and that piece of shit must of known exactly what a soft target he was picking on. It wasn’t that he chose a random victim who just happened to be disabled, he went to his home, all very premeditated.

    Hope he gets a kicking inside.

    maccruiskeen
    Full Member

    I’m expecting a sentence to reflect the elements of punishment plus prospect of reoffending (keeping citizens safe for a time at least). If this is 4yrs worth of offence then I’m guessing whoever has responsibility for consistency in the MoJ ought to be a very busy boy/girl delivering ‘education’ to Judges.

    The judges have the whole story when they sentence – not just the crime and the circumstance of the crime but also decisions about sentencing are mitigated by the actions and circumstances of the person who committed it. The same punishment would effect two different people in different ways so the parity in sentencing isn’t just about the crime committed but also a suitable sentence for the person who committed it. Considerations can be about how someone conducts themselves within the trial – admitting guilt or showing remorse for instance. But it also can reflect the defendants life and circumstance. As a for instance a custodial sentence of a given length is a harsher sentence for someone with children or dependents than someone without, as you punish a whole bunch of innocent people along with the guilty one.

    It was supposed to be the case recently that judges would have to start delivering a dialogue about the factors in determining the sentence as well as the sentence itself so that it would be apparent why two seeming similar crimes would be punished differently, but it would seem if they do either the press doesn’t report it or people don’t read it.

    I’d prefer that sentences reflected these things rather than simply made everything tidier for people who are neither the victim or the perpetrator.

    deepreddave
    Free Member

    andyrm – +1. Is there any genuine chance of that happening?

    maccruiskeen – I appreciate your well made observations and agree your final sentiment (although I find myself conflicted by the suggestion of a shorter sentence for those with ‘responsibilities/family etc’ when they would be aware of that when committing the crime). I’m sure some narrative behind Judges’ logic would aid the public perception of, and build confidence in, the fairness of sentencing generally.

    Nothing wrong with tidy 😉

    andyrm
    Free Member

    andyrm – +1. Is there any genuine chance of that happening?

    maccruiskeen – I appreciate your well made observations and agree your final sentiment (although I find myself conflicted by the suggestion of a shorter sentence for those with ‘responsibilities/family etc’ when they would be aware of that when committing the crime). I’m sure some narrative behind Judges’ logic would aid the public perception of, and build confidence in, the fairness of sentencing generally.

    This is the thing – as we have seen so many times, a defence solicitor/barrister will make use of good previous/finding god/great aunty Elspeth dying etc etc to try and mitigate down. I say bullshit.

    Hard sentences, no mitigating circumstances.

    East Anglian farms struggle to get staff at the wages available, hence illegal and exploitative use of immigrants. At the same time, Forces staff being laid off. Solve all the problems with prison farms staffed by ex Military personnel. Make it f*cking hard work and something to really fear. See “Bad Lads Army” or the more recent Borstal show where a hard, strict, dominant environment broke the spirit of previously “unbreakable” problem offenders and once broken, rebuilt them into something like decent human beings. No cups of tea, biscuits and chats with their social worker about their feelings – hard labour, long hours, no respite.

    Harsh – yes. Fair – definitely.

    scotroutes
    Full Member

    Would he have got a longer or shorter sentence if the victim had been a war veteran?

    deepreddave
    Free Member

    Disappointingly little mention in the debate tonight of the reintroduction of road gangs! 😆

    butcher
    Full Member

    I was thinking about this before. It’s a pretty sick story, but then I was listening to the description on the radio, which was basically man pushes pensioner, pensioner falls over, man rifles through his pockets…

    Obviously there’s so much more to it than that, and it’s obviously a horrible ordeal. But I couldn’t help but think of all the stories that crop up on here time and time again, of people being killed whilst cycling, people being attacked whilst cycling, etc. All of a sudden the sentence seemed very long in comparison to what people get for equally as bad crimes (i.e. let off completely scot free in many instances).

    I’m assuming (and I don’t know a lot about it, but that’s what made me think) that the guy was looking for a bag of smack. Moment of desperation. It’s easy to vilify. Who wouldn’t sympathise with the victim? But I suspect that they’re both victims in some way. Bearing in mind he has had to have been segregated in prison too because he is hated even in there. It’s gonna be a long 4 years.

    Not excusing his actions in any way. Just offering an alternative viewpoint. It’s a story that’s easy to take sides on. Or one side anyway.

    Northwind
    Full Member

    Alan Barnes- Dude

    “I’m pleased he’s been sentenced and I think the sentence of four years is just about the right length. I hope while he’s in prison he’ll do some thinking and when he comes out he’ll do something useful. Maybe he might decide to help people, which I think would be a good idea for him.

    It’s sad that he was brought to the stage of doing something like this – not necessarily just me, it could have been anybody and they might not have got over the incident. But I’ve moved on.”

    DrJ
    Full Member

    I understand that the accused had been denied a hot steak dinner, so I am starting a petition demanding his immediate release.

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