Law and Rights
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 sentencing remarks are available via the Judiciary website - (HERE).
The baby was born on 2nd September 2012. On 8th September, Abdulrahman placed the baby in a bin liner, put the liner in a rubbish
chute and closed the chute causing the baby to fall from the 5th floor to the bins below. The result was that the baby suffered
catastrophic head injuries which, according to the judge, will last for life.
Abdulrahman was acquitted of both attempted murder (which would have required proof of intention to kill) and inflicting grievous bodily harm with intent (Offences against the Person Act 1861 s.18). She was convicted of causing grievous bodily harm - (Offences against the Person Act 1861 s.20) - an offence with a maximum sentence of 5 years imprisonment.
The judge's remarks state that the jury were satisfied that Abdulrahman was or may have been suffering from post partum psychosis at the time of the offence. The Sentencing Guidelines were considered and a starting point of 18 months identified - (page 8 of the guidelines). The guideline range is 12 months to 3 years. Counsel urged a sentence which would have permitted immediate release so that Abdulrahman could be assessed within family proceedings as a potential carer. The judge considered that submission with great care but rejected it since the sentence had to recognise the seriousness of the consequences. 30 months imprisonment was considered to be the shortest which could be imposed.
The 1861 Act is seen as archaic and in need of reform. It is the subject of extensive judicial interpretation. The Law Commission has been asked by the Ministry of Justice to consider reform and work is to commence in 2014. The Commission produced an earlier report in 1993 (LC 218) but no action was taken to being the recommendations into law.
- Reforming The Criminal Law - Law Commission Report On Offences Against The Person
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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...
- Sentencing Council Issues New Guidelines For Assault Offences
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- Murder: A Whole Spectrum Of Conduct
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Law and Rights
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 sentencing remarks are available via the Judiciary website - (HERE).
The baby was born on 2nd September 2012. On 8th September, Abdulrahman placed the baby in a bin liner, put the liner in a rubbish
chute and closed the chute causing the baby to fall from the 5th floor to the bins below. The result was that the baby suffered
catastrophic head injuries which, according to the judge, will last for life.
The judge's remarks state that the jury were satisfied that Abdulrahman was or may have been suffering from post partum psychosis at the time of the offence. The Sentencing Guidelines were considered and a starting point of 18 months identified - (page 8 of the guidelines). The guideline range is 12 months to 3 years. Counsel urged a sentence which would have permitted immediate release so that Abdulrahman could be assessed within family proceedings as a potential carer. The judge considered that submission with great care but rejected it since the sentence had to recognise the seriousness of the consequences. 30 months imprisonment was considered to be the shortest which could be imposed.
The 1861 Act is seen as archaic and in need of reform. It is the subject of extensive judicial interpretation. The Law Commission has been asked by the Ministry of Justice to consider reform and work is to commence in 2014. The Commission produced an earlier report in 1993 (LC 218) but no action was taken to being the recommendations into law.
- 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 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...
- Sentencing Council Issues New Guidelines For Assault Offences
English law has a range of "assault offences" which, in a general ascending order of seriousness are: common assault and battery - (common law offences but Criminal Justice Act 1988 s.39 applies) assault occasioning actual bodily harm -...
- Murder: A Whole Spectrum Of Conduct
The law of murder remains one of the few crimes still basically defined by our ancient common law. Parliament has stepped in from time-to-time ? (most recently in 2009) - to alter particular aspects of the law. There is now a pressing need for a full...