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twat shows off in speedboat - kills girl


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this case here -  all very tragic for those concerned, I'm sure, but I never knew that a "victim impact statement" has been part of the judicial process here for some years

basically, this means that in this instance the bereaved family get to address the court, before sentencing, saying how very upsetting the whole thing has been for them and how their dearly departed was "a wonderful person and the light of their lives" (funny how no-one is ever described as "a petty minded shithouse who we're well shot of", but whatever....); this, apparently, can reflect in the sentence which is handed down - and i'm not sure i agree with that, at all

surely sentencing should be based on the cold, hard facts - not how good family members are at pulling the sad act or otherwise - what is it - an extra six months for uncontrolled sobbing, a year for a complete breakdown - seems very strange behaviour !

i get how it might be part of "the healing process" and that sort of stuff - but surely that can be done after sentencing ?

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6 minutes ago, Herman Hessian said:

this case here -  all very tragic for those concerned, I'm sure, but I never knew that a "victim impact statement" has been part of the judicial process here for some years

basically, this means that in this instance the bereaved family get to address the court, before sentencing, saying how very upsetting the whole thing has been for them and how their dearly departed was "a wonderful person and the light of their lives" (funny how no-one is ever described as "a petty minded shithouse who we're well shot of", but whatever....); this, apparently, can reflect in the sentence which is handed down - and i'm not sure i agree with that, at all

surely sentencing should be based on the cold, hard facts - not how good family members are at pulling the sad act or otherwise - what is it - an extra six months for uncontrolled sobbing, a year for a complete breakdown - seems very strange behaviour !

i get how it might be part of "the healing process" and that sort of stuff - but surely that can be done after sentencing ?

It's part of the justice process. Living victims of crime can give an additional impact statement to the police as well as a chance to speak in court.

It won't  have any impact on sentencing as the guidelines available to Judges set the parameters of the sentences available to them. They can't add on a few years if the deceased was a good cùnt.

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3 minutes ago, Sergeant Wilson said:

It's part of the justice process. Living victims of crime can give an additional impact statement to the police as well as a chance to speak in court.

It won't  have any impact on sentencing as the guidelines available to Judges set the parameters of the sentences available to them. They can't add on a few years if the deceased was a good cùnt.

Shirley it could impact where within those parameters the sentence falls.

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2 minutes ago, Sergeant Wilson said:

It won't  have any impact on sentencing as the guidelines available to Judges set the parameters of the sentences available to them. 

hope that's the case, but certainly not the suggestion that's made in a lot of the write ups i've taken a look at - for example:

Quote

At their separate parole hearings over the years, Michael's mum, Liz, has read out her victim impact statement in the hope that the trio would remain behind bars for longer than the minimum tariffs they received.

maybe this is just ill-informed reporting, though ?

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Just now, Herman Hessian said:

hope that's the case, but certainly not the suggestion that's made in a lot of the write ups i've taken a look at - for example:

maybe this is just ill-informed reporting, though ?

I'm not sure how it works at parole hearings. I don't think they're heard by the same type of Judge, I think it's a panel and they'll hear from the prison, social workers, shrinks, etc. As well as victims.

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Decided to look it up and it's called a Victim Impact Statement where the victim is a business and a Victim Personal Statement where the victim is a person.

Code of Practice for Victims of Crime, October 2015 edition

image.png.c5d12a791756cdda4861ff01e5465995.pngimage.png.ee4ceb83a9600ac3c3e96064e3d2ca9b.pngimage.png.1d906f264e9e7d0ddc33aff08afe9085.png

 

So there you are, if the court considers it appropriate then the VIS/VPS can be taken into account in sentencing. Agree with Herman, it all seems a bit subjective and suspect.

Edited by Margaret Thatcher
sometimes i come across like a c**t and can't help it
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e) The court must pass what it judges to be the appropriate sentence having regard to the circumstances of the offence and of the offender, taking into account, so far as the court considers it appropriate, the impact on the victim. The opinions of the victim or the victim's close relatives as to what the sentence should be are therefore not relevant, unlike the consequences of the offence on them. Victims should be advised of this. If, despite the advice, opinions as to sentence are included in the statement, the court should pay no attention to them

 

An extract from CPS guidance.

Victims views are considered, but they aren't getting an opinion on how long a sentence should be.

Edited by Sergeant Wilson
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Yeah that's correct - the CPS guidance refers back to the guidance I have posted above, which repeats your extract. Still, it shows that the victim statement will expressly influence the sentence where the court feels it appropriate, contrary to your statement that "it will have little impact on sentencing".

None of us knew the answer before this thread though, we've all learned, it's not that important.

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1 minute ago, Cardinal Richelieu said:

And what they didn't tell you at the trial was that the c**t has done a runner. 

s'quite good - proper old style goings on - he's jumped bail (leave it with the gifs) and made good his escape

will there be a posse, or vigilante villagers in ferment with flaming firebrands baying for blood ?

still a c**t mind...

 

 

 

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1 minute ago, Margaret Thatcher said:

Yeah that's correct - the CPS guidance refers back to the guidance I have posted above, which repeats your extract. Still, it shows that the victim statement will expressly influence the sentence where the court feels it appropriate, contrary to your statement that "it will have little impact on sentencing".

None of us knew the answer before this thread though, we've all learned, it's not that important.

I agree, it's splitting hairs, a bit. The context of the crime will the main consideration in sentencing.

This guy will get a long time in jail, but not as much as someone who commits premeditated murder. Even if the impact on the victim's family in this case is far worse than the other, the premeditation  will still get the longer sentence.

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3 minutes ago, Sergeant Wilson said:

This guy will get a long time in jail, but not as much as someone who commits premeditated murder. Even if the impact on the victim's family in this case is far worse than the other, the premeditation  will still get the longer sentence.

something else that was mentioned in passing during the coverage of this particular trial - you can still get life for manslaughter - who knew !

i guess that's determined by the degree of abject stupidity that ended up with someone else's death - seems fair enough i suppose....

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18 minutes ago, Sergeant Wilson said:

The context of the crime will the main consideration in sentencing.

But if the girl had just been thrown into the Thames and suffered only minor injury, he'd have only had a slap on the wrist, yet the 'crime' would essentially have been the same.

The same thing happens all the time with assaults - a punch might kill someone, or it might have almost no impact. Despite the fact the intent may have been exactly the same, the sentences would be at polar opposites. 

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