On the bench I presided over few occasions when a case involving firearms came to court and we retained jurisdiction. About 15 years ago one such involved a fake firearm being waved in the face of an innocent bystander. Despite all the pleas from the defendant`s representative our legal advisor sustained our position that immediate custody in such a situation was the only appropriate disposal. On Monday of this week the judge at Lincoln Crown Court considered suspending custody to be appropriate for a similar offence. I consider that HH failed in his duty of public protection. IMHO this is typical of the nonsense within our courts to follow government whispers to keep offenders out of jail.
That same day in the same court before the same judge HH Simon Hirst once again suspended a custodial sentence for an offender who admitted dangerous driving by ramming two police cars and driving with excess alcohol. How can we have confidence in a system where such criminality is seen to be acceptable insofar as immediate custody seems to be not just a last resort but virtually off the table for incidents where nobody is actually physically harmed? Indeed the Howard Leaguers and their ilk in our midst would indeed retain custody only for violent criminality. The bestiality in mankind will not be removed by such sentimentalist sentencing. How long must we go along this path?
As I have said previously, we sometimes decided that a matter was so serious that only a custodial sentence (and not suspended) was appropriate,and would ensure that as the result by not committing for sentence! It looks as if this approach may be required more often today.................
ReplyDeleteAnonymous 28th Nov.
ReplyDeleteYour comment is exactly why the Magistrates' Courts are so resistant to change. So you decided you could do a better job than a Crown Court Judge? Well Mr Hang them and Flogem. your sentence would have been what? Dangerous Driving, you maximum 6 months, Crown Court maximum 2 years. Drink Driving 57 mgs = Band C fine.
So serious you would give the maximum custodial sentence - 26 weeks, reduced by ⅓ for her guilty plea 17.3 weeks mandatory release from custody after ½ sentence Tara Lee would be released from custody after 8 weeks. Your six months now two months.
The Judge accepted some mental health issues, sentenced her to 12 month jail sentence suspended for two years with a two month electronically monitored night-time curfew. She was also banned from driving for three years.
If you are a Magistrate, perhaps you might like to review the sentencing guidelines and perhaps your competences