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Thursday, 5 January 2017

A STAB AT JUSTICE

Contrary to what many people outside the legal environment might think alcohol is considered an aggravating circumstance in the committing of a criminal offence i.e. it is grounds for increasing a sentence from the starting point in the range recommended for the offence.  In the light of perennial ministerial comments about sentencing for even carrying a knife or bladed article never mind the use thereof it was therefore quite surprising to read of a case where a Recorder did not sentence to immediate custody a woman who in a state of inebriation stabbed her equally drunk partner in the chest. 

 I suppose the anti prison lobby will be happy.
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2 comments:

  1. Too old JP.5 January 2017 at 16:39

    Here we go again. I have sometimes sat with recorders on appeals and have been sometimes staggered at their approach to the sentencing task. I remember a particular instance where he had a disposal in mind and whispered it left and right expecting nods of approval. For my part I shook my head and said I wanted to retire to discuss further. He wasn't pleased with that but we did retire, I put my point to which my colleague agreed. Two against one and the sentence was delivered through gritted teeth. Was a bit chilly in the dining room at lunch but that's life. Mostly I have had good relations with recorders and they are not all the same and many value our experience in he magistrates' court.

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  2. Anonymous5 January 2017 at 17:49

    They were at home so any issue of carrying knife or bladed article is irrelevant as it was not in a public place.

    I am personally not uncomfortable with his sentence.

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