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| Quote ="Stirlingshire Saint"To be perfectly honest based on the facts of this case I think the decision is somewhat harsh. Pushing somebody over with a bat in their hand warrants community service ? I suspect he has only been given this due to his previous offences. Anyhow, hopefully he's learnt his lesson now. Whenever he speaks on the tv, he just doesn't come across as this kind of chap.'"
The idea of you thinking it's perfectly okay to kick someones front door in then assault them in their own home is giving many of us on here ideas..
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| should a judge remain the same through each court case?
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| Quote ="Lawrie L"should a judge remain the same through each court case?'" No, they should have a sex change half way through.
Wtf are you on about Loz?
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| Quote ="Kifaru"My mate was in a pub and was punched in the face. The lad then got him in a headlock and repeatedly punched him in the face. My mate could do nothing but swing his right arm which just so happened to have a pint glass in it. He connected and the attacker ended up with a six inch gash across his face.
Coward? I dont think so.'"
Top marks to your mate for not spilling his pint whilst being punched in the face then grabbed in a head lock whilst being punched repeatedly.
WTF!!
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| Quote ="G1"No, they should have a sex change half way through.
Wtf are you on about Loz?'"
Calendar reported last night the judge in the case had changed. The Judge who had said the pair were looking at spending time behind bars had changed at sentencing
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| Quote ="Lawrie L"Calendar reported last night the judge in the case had changed. The Judge who had said the pair were looking at spending time behind bars had changed at sentencing'" What did he change into? Was he manimal?
Are you trying to say it was a different judge that dealt with sentencing from the one who tried the case?
Our discussion will be much easier if you adopt the use of English.
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| Quote ="G1"What did he change into? Was he manimal?
Are you trying to say it was a different judge that dealt with sentencing from the one who tried the case?
Our discussion will be much easier if you adopt the use of English.'"
yes, thats what I meant
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| Quote ="Lawrie L"Calendar reported last night the judge in the case had changed. The Judge who had said the pair were looking at spending time behind bars had changed at sentencing'"
Are you saying the judge should wear the same clothes until they are sentenced?
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| Quote ="Tony Soprano"Are you saying the judge should wear the same clothes until they are sentenced?'" One or two of the foisty old fekkers could do with a change.
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| Quote ="G1"One or two of the foisty old fekkers could do with a change.'"
Are we on about judges now or your gruds?
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| Quote ="BillyRhino"icon_lol.gif Perhaps the community service could involve sweeping up after a match at Headingley.'"
He could have don it during the last game, and they would have still won
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| I'd have thought it'd generally be a good idea if the trial judge, who sat through the presentation of all the evidence, was also in place for sentencing.
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| If Ben Cockayne didn't go to prison for his assault then it would have been grossly unfair for Pryce to be imprisoned based on the details that have emerged.
I still think a system where individuals decide sentences is basically flawed and gives an unacceptable inequality in decisions.
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| Quote ="Eccleshill Rhino"I still think a system where individuals decide sentences is basically flawed and gives an unacceptable inequality in decisions.'"
Individuals who follow guidelines put in place by a vast legal concensus. Individuals who can be challenged at appeal if their judgement is seen to be outside normal established guidlines. Ultimately a decision if contentious can be decided by a panel of judges, law Lords or the European Court.
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| Quote ="tvoc"I'd have thought it'd generally be a good idea if the trial judge, who sat through the presentation of all the evidence, was also in place for sentencing.'"
That only applies if they are convicted following a trial. When its a guilty plea the Judge/Magistrates that sentence hear all the evidence that was presented at the earlier hearing. It may be preferable for the same Judge/Magistrates to carry out sentencing but the logistics of making that happen every time would be a nightmare.
I think rather too much is being made of the original judge's comments. Judge's/Magistrates are required to give an indication of the sentencing options being considered before adjourning for reports. In particular they must state whether custody is being considered. The Judge/Magistrates that actually sentence are not supposed to impose a sentence that is more severe than that indicated, unless there are exceptional circumstances.
It may well be the case that the original Judge was actual leaning towards community sentences but did not want to restrict his options in case the probation reports were negative.
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| Whats the reason for the 4 week gap between the judgement and the sentancing?
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| Quote ="leicester_rhino"Whats the reason for the 4 week gap between the judgement and the sentancing?'"
I would guess at pre-sentencing reports, etc, so the judge could fully consider the sort of people he was dealing with. Stuff like that will have an impact on the sentence handed down.
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| Quote ="leicester_rhino"Whats the reason for the 4 week gap between the judgement and the sentancing?'"
To allow for the Probation service to interview the defendents and carry out an assessment. They look at things such as the degree of remorse, likelihood of reoffending, factors affecting offending such as drink or drugs. They also assess the defendants suitability for various community sentences. They usually will recommend which community sentences are the most suitable but these recommendations are not binding. They usually take a bit longer in cases of domestic violense.
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| What if a defendant (not necessarily in this case but just generally) was sat there smirking or looking at witnesses in a threatening manner throughout their trial? I'd like to think that such court demeanour was taken into account when it came to sentencing and I'd imagine that would be best achieved by the trial judge. Just a layman's point of view.
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| Quote ="Eccleshill Rhino"If Ben Cockayne didn't go to prison for his assault then it would have been grossly unfair for Pryce to be imprisoned based on the details that have emerged.
I still think a system where individuals decide sentences is basically flawed and gives an unacceptable inequality in decisions.'"
It makes you think that Bailey and Walker were either unlucky or did something worse than Mr Cockayne
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| Quote ="tvoc"What if a defendant (not necessarily in this case but just generally) was sat there smirking or looking at witnesses in a threatening manner throughout their trial? I'd like to think that such court demeanour was taken into account when it came to sentencing and I'd imagine that would be best achieved by the trial judge. Just a layman's point of view.'"
If a defendant was convicted following a trial he/she would be sentenced by the trial judge.
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| Quote ="Cibaman"If a defendant was convicted following a trial he/she would be sentenced by the trial judge.'" .....as had already been explained further up the thread.
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| Quote ="leicester_rhino"Whats the reason for the 4 week gap between the judgement and the sentancing?'"
So they could track down Leon?
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| Quote ="Cibaman"If a defendant was convicted following a trial he/she would be sentenced by the trial judge.'"
As I said earlier it was a general comment but even where there is a gap between trial and sentencing (for pre- sentencing reports etc) I would still imagine that wherever possible it would be preferable for the trial judge to follow the case through to sentencing.
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| Quote ="G1"Yes because there's an objective, impartial source............
S'funny because I heard the exact opposite. That a bag of cash was asked for to make the complaint go away.'"
fair point, it's not impartial.
yet you seem happy to believe "what you were told", so hearsay and tittle tattle is ok and must be the truth then
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