Law and Rights
It has been quite a day for sentencing. Sentences have been handed down in relation to very different forms of offending.
First came the sentencing of five offenders convicted in relation to phone hacking - see the Sentencing Remarks of Mr Justice Saunders. The heaviest sentence imposed was on Andy Coulson (pictured) who received 18 months imprisonment. Earlier blogpost - 25th June - We underrate juries at our peril. Other sentences passed were Mr Miskiw and Mr Thurlbeck - 6 months each (with 53 days 'qualifying curfew' counting toward the sentence). Mr Weatherup 4 months imprisonment suspended for 12 months with a requirement to complete 200 hours unpaid work. Mr Mulcaire - 6 months imprisonment suspended for 12 months with a requirement to complete 200 hours unpaid work. [On qualifying curfew see here].
The Guardian 4th July - Andy Coulson jailed for 18 months for conspiracy to hack phones.
Secondly, the entertainer Rolf Harris was sentenced on 12 counts of indecent assault committed in the period 1969 to 1986. He received a total of 5 years 9 months imprisonment which, at the age of 84, will inevitably prove to be a very significant part of his remaining lifetime. See the Sentencing Remarks of Mr Justice Sweeney. A reading of the sentencing remarks will reveal that the offending was serious and almost certainly more serious than some media reports of the trial suggested. Four charges relating to downloading child pornography will not proceed to a trial - see Court News UK. The earlier blogpost - Rolf Harris - looked at the general sentencing framework for this type of offending. Harris will be subjected to Notification Requirements under the Sexual Offences Act 2003 Part 2 and is to be considered with respect to the Safeguarding Vulnerable Groups Act 2006. Sweeney J did not award compensation since the issues were too complex and the information before him insufficient for him to be able to properly do so.
The Attorney-General was asked to consider a reference of the sentence to the Court of Appeal on the basis of undue leniency - The Guardian 4th July. The sentencing remarks contain the detail of the maximum sentences possible. Counts 10 to 12 carried a maximum of 10 years. The focus of any argument about leniency may be in relation to those offences. In reaching the sentence, the judge took careful account of the Totality Principle and, on that basis, the judge reduced a number of the sentences which would otherwise have been passed.
Update note 31st July - The Attorney General decided not to refer the Harris sentence to the Court of Appeal - AG Office announcement 30th July
Sweeney J also said that Harris had been stripped of his honours. This is an almost inevitable outcome of conviction for a serious offence - see Forfeiture of Honours. Harris was appointed an Officer of the Order of Australia in 2012 (BBC 12th June 2012). He was appointed MBE in 1968, OBE 1977 and CBE 2006.
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- R V Benjamin Curtis ~ Sentencing ~ Manslaughter (by Shaking) Of Baby
Benjamin Curtis has been sentenced to serve 2 years imprisonment for the manslaughter of Ocean Elliott. The brief sentencing remarks of Nicol J are available via the Judiciary website - (HERE). The judge described Curtis as having learning...
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Vicky Pryce Convicted
Updated 10th March ~ sentence and remarks Vicky Pryce - former wife of ex-Minister Chris Huhne - has been convicted of perverting the course of justice in that she took speeding points which should have applied to her husband - The Guardian 7th March...
- Crown Court At Carlisle ~ Sentencing - R V Ahmed ... R V Johns
Two sentencing cases at the Crown Court in Carlisle are of interest. Both cases offer excellent examples of good sentencing practice and demonstrate the value of sentencing remarks which assist public understanding of the workings of the law. On...
Law and Rights
Sentencing - the Phone Hackers - Rolf Harris
First came the sentencing of five offenders convicted in relation to phone hacking - see the Sentencing Remarks of Mr Justice Saunders. The heaviest sentence imposed was on Andy Coulson (pictured) who received 18 months imprisonment. Earlier blogpost - 25th June - We underrate juries at our peril. Other sentences passed were Mr Miskiw and Mr Thurlbeck - 6 months each (with 53 days 'qualifying curfew' counting toward the sentence). Mr Weatherup 4 months imprisonment suspended for 12 months with a requirement to complete 200 hours unpaid work. Mr Mulcaire - 6 months imprisonment suspended for 12 months with a requirement to complete 200 hours unpaid work. [On qualifying curfew see here].
The Guardian 4th July - Andy Coulson jailed for 18 months for conspiracy to hack phones.
The Attorney-General was asked to consider a reference of the sentence to the Court of Appeal on the basis of undue leniency - The Guardian 4th July. The sentencing remarks contain the detail of the maximum sentences possible. Counts 10 to 12 carried a maximum of 10 years. The focus of any argument about leniency may be in relation to those offences. In reaching the sentence, the judge took careful account of the Totality Principle and, on that basis, the judge reduced a number of the sentences which would otherwise have been passed.
Update note 31st July - The Attorney General decided not to refer the Harris sentence to the Court of Appeal - AG Office announcement 30th July
Sweeney J also said that Harris had been stripped of his honours. This is an almost inevitable outcome of conviction for a serious offence - see Forfeiture of Honours. Harris was appointed an Officer of the Order of Australia in 2012 (BBC 12th June 2012). He was appointed MBE in 1968, OBE 1977 and CBE 2006.
- R V Teret ~ "historical" Sexual Offending
The Judiciary website has published the sentencing remarks of Mr Justice Baker in the case of R v Teret. "Disc jockey" Ray Teret was well-known in the North West of England during the 1960s and 1970s. He has been sentenced to a total of 25 years...
- R V Benjamin Curtis ~ Sentencing ~ Manslaughter (by Shaking) Of Baby
Benjamin Curtis has been sentenced to serve 2 years imprisonment for the manslaughter of Ocean Elliott. The brief sentencing remarks of Nicol J are available via the Judiciary website - (HERE). The judge described Curtis as having learning...
- R V Stuart Hall ~ Sentencing
Update 16th December 2015 - Stuart Hall has been released from prison. He has served half his 30 month sentence and will be on licence for the remainder - BBC 16th December 2015. Update 11th July 2013 - the Attorney-General has referred...
- Vicky Pryce Convicted
Updated 10th March ~ sentence and remarks Vicky Pryce - former wife of ex-Minister Chris Huhne - has been convicted of perverting the course of justice in that she took speeding points which should have applied to her husband - The Guardian 7th March...
- Crown Court At Carlisle ~ Sentencing - R V Ahmed ... R V Johns
Two sentencing cases at the Crown Court in Carlisle are of interest. Both cases offer excellent examples of good sentencing practice and demonstrate the value of sentencing remarks which assist public understanding of the workings of the law. On...