Jennie
Sunday 15th December 2013 6:16pm [Edited]
2,767 posts
Quote: Harridan @ 15th December 2013, 5:56 PM GMT
I have to say that I don't think being good to your own family and never having been caught for anything before is justification for lenient sentencing. And nicking copper kind of contradicts the 'good character' idea...
But you have to differentiate between offenders - otherwise you will get some very unjust outcomes if everyone got the same sentence for the same offence.
As a matter of logic, you should treat someone who has not committed a criminal offence before less harshly than someone who has done it 50 times before.
If you have no previous convictions, you are treated as having never committed a criminal offence before ("never been caught" may sometimes be accurate, but flies in the face of "innocent until proven guilty")
In the same way, someone who has hitherto been an upstanding member of the community should have that acknowledged in their favour. It is not justification for the crime, it is mitigation.
The family thing comes into play because the judge must consider the impact of a custodial sentence on family members, particularly children. This man was the sole wage earner in his family. He had young children.
There are reasons why people do things. My client had a particular reason, which I don't feel I should disclose here. He made a bad choice, but he is not a bad person.
Personally, I would have given him a suspended sentence of imprisonment. That means that he is sent to prison, but doesn't actually have to serve the sentence unless he gets into more trouble. He also has to do a load of unpaid work in the community.
I think that would have reflected the seriousness of his actions but allowed him to make amends as a free man, saving the tax payer money in the long run.
Quote: sootyj @ 15th December 2013, 6:06 PM GMT
I'm sure you're always appealing Jennie
Quote: sootyj @ 15th December 2013, 6:06 PM GMT
I can't see the point in locking up none violent, none repeat, none flight risk offenders.
It's massively expensive, makes people identify with being crooks and just increases recidivisim
I agree. With this type of offence, there is an assumption that it has a deterrent effect - but I don't think enough people know about it for this to work.