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PC Andrew Harper: Attorney General to review killers' sentences...


That's an excellent explanation of their conviction, and the logic (and laws) used to arrive at their sentence. The driver spends several years fewer in prison because he plead guilty to manslaughter at an early stage; the accomplices spend several years more in prison because they didn't.

There's an interesting point made - normally the Attorney-General appeals because a Judge didn't follow sentencing guidelines, or made a mistake in calculating them; in this case, the Attorney-General appealed because the Judge had followed the guidelines carefully, and sentenced at the upper limits of the tariff...
 
Whilst I have some sympathy with the trial judge, who in fairness was juggling all sorts of bollocks whilst trying to bang these scrotes up for as long as he could, I have none whatsoever for the sort of twats who blithely state it's in your job description to be spat at in the face.

Try it yourself and see how you feel about it.
 
I find this bit odd:-

"The act of escape of itself was not unlawful. "

Really? Legging it from the police is ok?
If you are referring to para 28 of the judgment, this was a submission by the appellants' counsel - which was rejected by the trial judge at para 32 and reiterated by the quote at para 41.
 

WALT

LE
If you are referring to para 28 of the judgment, this was a submission by the appellants' counsel - which was rejected by the trial judge at para 32 and reiterated by the quote at para 41.

Ah. Understood. I wasn't paying enough attention. I'm now reassured that legging it from the police is not acceptable:-

"If a person escapes or attempts to escape from stealing that is also an unlawful act."
 
Legally all the t’s are crossed and the i’s are dotted. That’s how justice is supposed to be delivered.

It doesn’t make the feeling that these people have got away with the brutal murder of a young man doing his job protecting the community from callous thieves go away though.

I’m not known for hardline views on punishment. In this instance, I’d have made an exception if I’d been the judge.
 
Nah, you just declare that their reckless behaviour against a Police Officer was done as a hate crime... that they reacted in the way that they did because of a hatred of Constables...

Back to reality, and I just get a bit twitchy when people suggest that the Police should have additional protection under the law (such as including them as a protected characteristic under hate crime legislation) - I'd suggest that they do pretty well, as things stand. Would you be willing to declare that the police investigated crimes against the police with exactly the same enthusiasm, vigour, and focus as they do crimes against non-police? Or declare that there is no chance that making a (justified) complaint against a Police Officer will result in any degree of retaliation?



My bold ... you really don't understand our current situation with regard to anything connected with this sort of legislation. You obviously missed the briefing telling all that only white Anglo Saxon heterosexual males can be guilty of "hate crime" and all/every other ethnic/sexual group can play this with impunity ...

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There are many things wrong with the American criminal justice system. But in fairness, when American courts sentence someone to life imprisonment, that's exactly what it means. You will be released in time for your own funeral.
Not all US life sentences are whole life/without possibility of parole sentences.
 
The max term for manslaughter already is life

Quite correct - made a horlicks of attempting to suggest the maximum being raised to life with a minimum period of incarceration of 30 years (as I'd mentioned further up in the post), hence lack of clarity and accuracy...
 

Mattb

LE
I tend to agree with Gravelbelly. I have, as a civvie, intervened in a couple of criminal incidents, while waiting for the arrival of the police. I put myself at risk without being paid, trained or equipped. Had things gone very awry, why would my life be deemed of as less worth than that of a member of the emergency services?
If the sentencing guidelines are too strict, then build in a bit of flexibility for exceptional circumstances. Such as these.
Agreed with paragraph 1 - I’d want to see exactly the same sentence handed down whether it was a police officer, the farmer or a good samaritan.

I’m not convinced that flexibility is needed per se, rather that the circumstances need to be considered as they were in PC Harper’s case - ie absolute indifference to the survival of the victim, and that whilst not pre-meditated it was carried out as part of a crime which was itself pre-meditated.
 

NSP

LE
I find this bit odd:-

"The act of escape of itself was not unlawful. "

Really? Legging it from the police is ok?
Surely that falls within "resisting arrest," which is a chargeable offence as far as I know...?
 

WALT

LE
Surely that falls within "resisting arrest," which is a chargeable offence as far as I know...?

Old Scribes has already put me right. My quote came direct from the appellants' counsel, who was trying it on.
The trial judge later told him to wind his neck in.
 

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