Law and Rights
Mrs. Edith Brickhill. She is 92 years of age and partially sighted. Someone attacked her at her home and stole £30 from her purse. She has been targeted a number of times previously and is now afraid to return to her home of 40 years. It is reported here that a man has been arrested on "suspicion of assault." Of course, assault is a possible charge and this could be charged as common assault (triable only by magistrates with a maximum sentence of 6 months imprisonment) or assault occasioning actual bodily harm (Offences against the Person Act 1861 s.47 - maximum sentence, if tried at Crown Court, 7 years imprisonment). A further possible charge would be robbery (Theft Act 1968 s.8 - triable only at Crown Court - maximum sentence life imprisonment). I know which I would go for. It will be interesting
to see which (if any) the CPS opts for in the event of someone being charged.
This week it has been reported that during the year September 2009 - September 2010 overall crime has reduced. The latest data is on the Home Office website and the reader may draw whatever conclusions seem appropriate. Nevertheless, we continue to have some particularly nasty crime and cuts in Police funding are resulting in loss of experienced officers - see BBC News. This hardly seems a good way of making vulnerable people like Mrs Brickhill feel safe in their homes or on their local streets.
One other matter. I am delighted that Law think has also covered the issue of disclosure of material evidence in relation to the Ratcliffe-on-Soar Power Station case which Law and Lawyers has covered in posts below - especially here, where the possibility that crucial evidence was not disclosed to the defence was mentioned. As Law think points out, this has been a fruitful source of several major miscarriages of justice.
- Reforming The Criminal Law - Law Commission Report On Offences Against The Person
The Law Commission has recommended modernisation of the law on violence - Law Commission Offences against the person: Modernising the law on violence New rules are needed to tackle violent offences and make better use of court time, according to the...
- 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 Abdulrahman ~ Grievous Bodily Harm To Baby ~ Post Partum Psychosis ~ Sentencing
In the Crown Court at Birmingham, Mrs Justice Thirlwall has imposed a sentence of 30 months imprisonment on Jaymin Abdulrahman who was convicted of causing grievous bodily harm to her then six day old baby in September 2012. The judge's concise...
- 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...
- What Happened In Wigan To A War Hero
The estimable Jack of Kent legal blog carries a post about What Happened to Lance Corporal Mark Aspinall in Wigan on a night out in July 2008. Jack of Kent has raised this because two of the officers have been acquitted by a jury at Manchester Crown...
Law and Rights
Allow me to introduce ....
to see which (if any) the CPS opts for in the event of someone being charged.
This week it has been reported that during the year September 2009 - September 2010 overall crime has reduced. The latest data is on the Home Office website and the reader may draw whatever conclusions seem appropriate. Nevertheless, we continue to have some particularly nasty crime and cuts in Police funding are resulting in loss of experienced officers - see BBC News. This hardly seems a good way of making vulnerable people like Mrs Brickhill feel safe in their homes or on their local streets.
One other matter. I am delighted that Law think has also covered the issue of disclosure of material evidence in relation to the Ratcliffe-on-Soar Power Station case which Law and Lawyers has covered in posts below - especially here, where the possibility that crucial evidence was not disclosed to the defence was mentioned. As Law think points out, this has been a fruitful source of several major miscarriages of justice.
- Reforming The Criminal Law - Law Commission Report On Offences Against The Person
The Law Commission has recommended modernisation of the law on violence - Law Commission Offences against the person: Modernising the law on violence New rules are needed to tackle violent offences and make better use of court time, according to the...
- 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 Abdulrahman ~ Grievous Bodily Harm To Baby ~ Post Partum Psychosis ~ Sentencing
In the Crown Court at Birmingham, Mrs Justice Thirlwall has imposed a sentence of 30 months imprisonment on Jaymin Abdulrahman who was convicted of causing grievous bodily harm to her then six day old baby in September 2012. The judge's concise...
- 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...
- What Happened In Wigan To A War Hero
The estimable Jack of Kent legal blog carries a post about What Happened to Lance Corporal Mark Aspinall in Wigan on a night out in July 2008. Jack of Kent has raised this because two of the officers have been acquitted by a jury at Manchester Crown...