Soft Judges and short sentences equals more reoffending - Who'd have thunk that?

Sex attackers and violent ex-inmates go back to crime after short jail stints

 

"SEX attackers and violent criminals given short sentences offend again at a rate of more than 50 a week within a year of being released."

 

"According to figures revealed by the Ministry of Justice, there were 356 sex offences or serious violent crimes together with 2,482 robberies carried out by convicts who had served for less than a year."

 

"During the course of a decade the Ministry of Justice figures show 35,835 offenders jailed for short- term sentences went on to reoffend, including 3,914 committing violent or sexual crimes. The proposed new Bill aims to drive down Britain’s high reoffending rates, which currently account for 600,000 crimes committed every year."

 

 

Blimey! No shit, Sherlock! Talk about stating the blindingly obvious. Someone commits a serious crime, gets a suspended sentence or a pathetically small sentence of a few months, then reoffends when they are released. Who would have guessed that? Of course giving offenders sentences like this, will end up with a greater chance of re-offending - it doesn't take a genius to figure that out!!

 

Lets have a quick look at the five purposes of sentencing in brief, used supposedly by judges when determining an appropriate sentence for a crime:

 

1) The punishment of offenders This shows society’s unhappiness with the offence committed. Punishment can include loss of, or restrictions to, a person’s liberty or the payment of a fine.

2) The reduction of crime (including its reduction by deterrence)
This includes individual deterrence (aimed at preventing the individual offender from committing another crime) and general deterrence (using the sentence imposed on an offender as an example to deter others from committing a similar offence).

3) The reform and rehabilitation of offenders This is aimed at reforming the offender and changing their behaviour. It also links to the purpose of reducing crime. An example of reform and rehabilitation includes a drug and/or alcohol treatment requirement.    

4) The protection of the public. This can include protecting the public from the offender and from the risk of further crimes being committed. This may be achieved, for example, by removing an offender from society (putting them in prison), restrictions on their activities or supervision by probation. the making of reparation by offenders to persons affected by their offences

5) The making of reparation by offenders to persons affected by their offences This requires the offender to make amends to those who have been affected by their criminal behaviour. This may be achieved, for example, by the payment of compensation or through restorative justice.  

 

Mr Grayling, 2 questions:

1) Using these guidelines, how on earth can someone who has committed a violent or a sexual offense NOT get a sentence that runs into years? What goes through judges minds when they pass, for example, a suspended sentence for offenders who Abducted a thirteen year old child , Downloaded eighteen thousand IIOC, Abused boys during the 70s, 80s, and 90s etc?

 

2)  With the above crimes, (paedophile crimes), there is no excuse whatsoever for dishing out any sort of soft sentences if this crimes is to be taken seriously. Taking Jailed: Paedophile Who Claimed Appalling Abuse Was 'Benefit' To His Victims as a prime example, shows that paedophilia is a different type of crime to the norm. You can "treat" paedophiles, but there is no cure, it isn't a disease - it is a long standing fetish/sexual attraction to children & the only proper way to protect the public from offenders who commit these crimes is a proper, long custodial sentence. Not suspended sentences. Not sentences that are a matter of a few months. Proper ones that reflect the above guidelines, "Protection of the public", "Punishment of Offenders", "Reduction of Crime". When will you take this crime seriously? When will you realise that "once a paedophile, always a paedophile", and put in place proper sentencing guidelines and a proper deterrence that will reduce this crime, and make paedophiles who claim "they can't help themselves" think twice before committing these offences?

 

This is your second "promise" in just over a month, remember Tough justice for those who watch IIOC: Grayling announces perverts will no longer escape with 'slap on the wrist' in crackdown on soft punishments from September this year? So Mr Grayling, will we see anything from either of these "promises", or are these both the usual empty ones? Words are one thing, but taking action is another? We will be watching.

Unduly Lenient Sentences, Appeals, and Failures That Seem To Make No Sense.

Matthew Thain

 

 

Back in 2010, Matthew Thane was found guilty of molesting a toddler and a schoolgirl, as well as amassing a library of 766 Indecent Images of Children, some being video clips (read the link above).

 

At the time, the Judge sentenced him to a three year Supervision Order, a Youth Offending Programme and a residency and Sexual Offenses Prevention Order.

 

Basically he walked out of court, a free man.

 

Disgusting!

 

Wish I had known about appealing sentences back then, that is one I definitely would have appealed!

 

So, fast forward to this year.

 

Matthew Thain

 

 

 

 

From the above article, Daily Mail, 5 July 2013

 

"A paedophile spared jail for molesting a toddler and a schoolgirl walked free again today despite lying to police about meeting the young sister of a girlfriend.

Matthew Thain, 21, also breached the terms of his suspended sentence by getting in touch with one of his former victims.
Thain, of Camberwell, southeast London, escaped jail in 2010 after a judge ruled intensive supervision would protect other children from the teenage paedophile.
But concerns were raised after he started seeing a woman with a 12-year-old sister.
He had also been in touch with another youngster he was banned from contacting.
Thain admitted attempting to pervert the course of justice and two breaches of a sexual offences prevention order.
Judge Peter Rook QC said: 'This is worrying because it is manipulative behaviour when he thought he was in breach of a court order.
'It's covering up and it's quite hard to argue that it doesn't deserve a custodial sentence.'
He added: 'It seems the breaches do fall into the category where a custodial sentence is appropriate because you were clearly deliberately ignoring a court order and there was a real risk.'
But he agreed he could suspend the sentence to allow Thain to take up a position as an apprentice chef.
The court heard Thain is due back in court tomorrow for posting a Facebook profile under the name 'Dumbo Bray' to try and reel in more victims.

Read the last two line again.

He allowed Matthew Thain to walk from court a free man a second time, so that he could work as an apprentice chef

The court heard Thain is due back in court tomorrow for posting a Facebook profile under the name 'Dumbo Bray' to try and reel in more victims.

You couldn't make this shit up!!

Seriously !!

So, I decided to appeal (as I do, with what I consider to be ULS). The AG agreed to recall the papers etc, so I had hoped that this would be fully reviewed and an appropriate sentence given.

But...

"Thank you for your letter dated the 04 July 2013 in which you expressed dismay at the sentence passed upon Matthew Thain for perverting the course of justice and breach of a sexual offences prevention order.  As you are aware, in certain circumstances, the Law Officers can apply to the Court of Appeal for sentences to be increased on the grounds that they are “unduly lenient”.   

The Law Officers’ power to refer sentences is contained within section 36 Criminal Justice Act 1988 but it is subject to certain restrictions.  The power is only available in respect of sentences imposed for certain offences, which includes perverting the course of justice but not breaching a sexual offences prevention order.  However, where an offence which is not referable is linked to one that is referable then both offences can be considered.   

The power to refer a sentence to the Court of Appeal for consideration as an unduly lenient sentence is not a prosecution right of appeal.  It is a power reserved for the most serious offences in which a sentence falls significantly below the sentence that any judge could reasonably have passed.  Having considered this case very carefully, the Solicitor General decided that it would not be right to refer it to the Court of Appeal as he did not believe they would increase the sentence.  

Thank you for taking the time and trouble to bring this case to the Solicitor General’s attention, I hope this explanation has been of some assistance."

Where is common sense when you need it?

Quite obviously, his original Offenders Treatment Programme did not work.

Quite obviously he still poses a risk.

Quite obviously he should have received a custodial sentence (IMHO)

Quite obviously sentences in the British Isles are more than often a complete joke when it is for paedophile crimes.

Quite obviously, there is little or no deterrence, little or no justice, and little or no "justice being seen to have been done".

Quite obviously, sentences need to be realistic and appropriate, and if they are not, they need to be reviewed.

Unduly Lenient sentences in the UK

Graham Ovenden gets suspended sentence for child sexual offences

 

I was going to continue with my "Media AVP" posts, but following the above story thought I would do a small posting regarding 'unduly lenient sentences' in the UK.

How many of you read the above story with a feeling of disgust - that someone who was found guilty of sex offences against young children could walk out of court a free man (albeit with a 12 month suspended sentence?)

What was the judge thinking? How can this be allowed? What a smack in the face for his victims who have had to a) live with this all these past years and b) have had to live through the ordeal of a full trial due to him pleading not guilty?

A lot of people judging by the comments on twitter and other sites.

How many of you realise that there is a way that you can appeal against sentences that are 'unduly lenient' like this one certainly is?

Anyone can appeal against a sentence that you consider Unduly Lenient!

As long as the sentencing is in the previous twenty-eight days, was passed in a Crown Court, and is a crime contained in the link I will include at the bottom of this posting - anyone can appeal to the AGs office against the sentence.

If you do appeal, all you need to do is make sure your e-mail is short, sharp and to the point (bullet-pointed is helpful). I personally find it beneficial to include the offenders name, date of sentence and court the trial and sentence was passed in the subject field. There are probably numerous sites you can refer to regarding sentencing policies and what conditions have not been met which have made it (in your view) 'unduly lenient', but the one I use is What Sentences Are For.

This link Unduly Lenient Sentences gives further details on how the process works. For England and Wales, the e-mail address to send them to is correspondenceunit@attorneygeneral.gsi.gov.uk and for Scotland, the e-mail address is correspondenceunit@scotland.gsi.gov.uk.

A lot of the time, sentences will not be reviewed, but there are times they will be, as below.

Thank you for your email below about the sentence given to Graham Ovenden.

 

This Office has asked for further details of the cases from the Crown Prosecution Service so that the Law Officers can decide whether or not to refer the sentences to the Court of Appeal as being unduly lenient.

 

Yours sincerely

 

Correspondence Unit

So next time, instead of joining the twitter/facebook army of moaners, do something constructive about it.

You never know, yours could be the one appeal that gets a sentence increased to what it should be..............