Wednesday 25 May 2011

Soft Justice Is No Justice

A man has been jailed for attacking a young mother after her pushchair accidentally nudged his on a London bus.
About time! I remember this incident, because the CCTV from the bus was released in the hunt for the attackers, and the extreme violence used was shocking:
Hendon magistrates' court heard that Ms de Aguiar had made room for the couple when they got on the No 83 bus in Hendon with their child but then her buggy touched theirs as she moved it back into position.
Boyle launched a four-letter tirade at Ms de Aguiar, spitting at her and threatening to punch her.
Pope smashed her head into a hand rail three times and dragged her across the bus by her hair. He then threw her off the vehicle and kicked her as she lay in the road.
Ms de Aguiar used her child's umbrella in an attempt to defend herself, said prosecutor Priya Valentine, but suffered "repeated and sustained violence".
Pope used "considerable force" to block her attempts to get back to her daughters, aged three and three months, on the bus.
After the attack he and Boyle casually wheeled their pushchair off the bus and walked away.
I guess we're talking many, many months, even yea..

Oh:
Magistrate Dr Malcolm Cohen jailed Pope for four months and gave Boyle a three-month sentence suspended for a year. She must attend a women's centre for 36 hours and do 100 hours of unpaid work.
Are you kidding me? Did they get the now-infamous 'I'm terribly sorry, I don't know what came over me, I won't do it again, promise...' discount?
Det Sgt Brad Crossley, of the Barnet Beat Crimes Unit, said: "It was a sickening attack on a lone woman with children. Neither of those convicted showed any remorse for their actions either in interview or in court.
So why? I mean, what judge could possibly view this CCTV, look at all the circumstances, and come up with such a paltry sentence? A commenter blames the CPS for charging it as common assault rather than assault occasioning actual bodily harm.

Whatever the reason, it's hard not to agree with North Northwester that our so-called 'independent judiciary' is not worth a candle.

Perhaps Magistrate Dr Malcolm Cohen's daughters or female friends are unlikely to ever travel on the bus, and so he cares little for the consequences of his actions? Perhaps his hands really are tied by useless government guidelines? Or perhaps it's something else?

Whatever the reason, those wondering why no-one on the bus helped the woman, or why the bus driver allowed them to escape, should wonder no longer. If 'the system' doesn't care, why should they?

19 comments:

Smoking Hot said...

Anyone of the passengers could've confronted this thug and used their pepper spray on him. Oh sorry, l forgot we are talking about the UK here where the public have been completely disarmed leaving them at the mercy of such thugs.

lf that had happened to one of my family this thug would've received 'justice' and then reported to the police. By the time he came to court he may have been out of his wheelchair.

Anonymouslemming said...

This is why we end up with stupid mandatory sentencing that ties judges hands when they want to send someone down for a long time.

In cases where the book should be thrown, the judge doesn't. So the government step in and set mandatory sentencing. But that turns out to be too soft for most cases as we're stuck with it.

All because of bleeding heart wankers like this one.

Shinar's Basket Case said...

I would have intervened:

"Cease and desist Scumbag...OR I LIGHT THE MARLBORO!"

....though Armed Response would have no doubt tazered me for it.

Shinar's Basket Case said...

"A commenter blames the CPS for charging it as common assault rather than assault occasioning actual bodily harm."


ABH??! How the fuck did this not go through as GBH? W.O.A.R?

A grown 'man' (and I use the word in its loosest biological sense) smashes a woman's head against a metal hand rail not just once but thrice? That's attempted murder in any sane world.

Rob said...

The judge accepted his mitigating circumstance that he is a non-smoker

Gordo said...

Oh brave new world that has such people in it, I mean all of them.

Society has just gone, completely, and radical measures are needed to restore our country. I you're in a swamp up to your ass in alligators, you turn round and walk back to where you made the wrong turning, you don't just keep wading in deeper and deeper.

Budvar said...

Wild stab in the dark here (no pun intended), but isn't there a racial element to this case?

Ah yes a case of a darkie beating up a white woman. It all becomes clear now, Ms de Aguiar deserved everything she got and is extremely lucky not to be doing an 8 stretch for a racially motivated assault regardless that she was on the receiving end.

Sooner all us white folk realise we have to pay for 400 years of slavery the better, and paybacks a bitch.

A bit like Ms de Aguiar if this sentence is anything to go by.

Still look on the bright side, the shiv he'll receive up his arse in the showers will have him shitting sideways long after he's released...

Bobo said...

There's a noticable triumphalism amongst the petty criminal/anti-social/scum elements of society. You can see it on the streets of any town, let alone city, these days: a swagger, a boldness, a (God help us all) confidence.

And after all, why not? No deterrant, no sanction, no consequence, and absolutely zero chance of any immediate retaliation whatsoever.

Umbongo said...

Cohen is not just a run of-the-mill magistrate according to this biography he's Chairman of the Central Council of Magistrates Courts Committee and involved in a lot of other things besides. This guy is a proud member of the political class. No wonder the little people - the victims not the perps (particularly the ethnic ones) natch - get stuffed in his court.

You wouldn't know it from his bleeding heart sentencing policies but he's a member of the The Safer Communities Partnership Board. This wonderful collection of hot air producers "promotes community safety [my bold] by encouraging partnership between the borough and various criminal justices and other agencies. The Domestic Violence Strategic Board oversees and coordinates the various work within the borough to reduce the incidence of domestic violence and to promote the safety and welfare of victims."

Anonymous said...

Yet try stealing from the Gummint. tax evasion, tobacco smuggling etc - you would get a much longer sentence than this. Do you really think that the Gummint is going to change the laws? Not when it will cost them money; we can expect to see many more instances of soft justice, mainly beacuse Ken Clark et al do not have to live in the same areas blighted by these fuckwits.

Gordo said...

You can take the African out of the jungle ...

Wonder what Mr. Cohen's sentence would have been if the victim had been ...

Bloody Hell, two sentences I'm afraid to type in full! Anyone want to finish them for me?

English Viking said...

Gordo,

A transvestite?

Gordo said...

You can take the African out of the transvestite?

Oy vay, too weird for me.

staybryte said...

Yes, soft justice is no justice.

20 years for him. Fifteen for her. To be served in full. Without any visiting rights. Any violation of terms to be met with an extra year. In solitary.

I'd happily argue my case on CiF. And win.

Budvar said...

A few observations.

"Mandatory sentencing".
Had the offender been a skinhead with NF tats on his neck and the woman named Ms Patel, anyone here seriously believe this derisory sentence would still be handed down?

"2 sentences I'm afraid to type in full!".

I know said in jest, but isn't this part of the problem? Can't be seen stating the bleedin obvious as that could be construed as a bit racist and we all know that any accusation is akin to molesting little boys or burning kittens eyes out with lighted cigarettes.

"Why oh why did no one step in to stop it?"

I'd have thought the risk of being killed is a fair deterrent, but even if the "Have a go hero" is a little bit tasty in the fisty cuffs dept, he's likely to have his collar felt by local plod and a possible legal aided lawsuit by young Rastas.

Woman on a Raft said...

How the fuck did this not go through as GBH? W.O.A.R?

I don't know, there only seem to be a few possibilities:

The CPS didn't realize the level of attack or was persuaded to bring lesser charges in the light of a guilty plea by both of them.

Reading the slightly more sketched-in report on the Voice Online, it could have been that they convinced themselves that it was better for the victim if they could get the case reasonably quickly through magistrate's court, even if that limited the penalty.

Another possibility is that the police may wish to speak to Pope connection with other matters. This may mean they are content to have him boxed-in for a month or two on any conviction while they explore other issues.

The guideline (not automatic) discount for a reduction for a guilty plea is up to 1/3 so if the maximum the magistrate can pass is 6 months, then 4 months is correct with the discount.

None of it is much of an excuse, though.

JuliaM said...

"Anyone of the passengers could've confronted this thug and used their pepper spray on him. Oh sorry, l forgot we are talking about the UK here where the public have been completely disarmed leaving them at the mercy of such thugs."

Spot on!

"A grown 'man' (and I use the word in its loosest biological sense) smashes a woman's head against a metal hand rail not just once but thrice? That's attempted murder in any sane world."

You think, wouldn't you? I've got even barmier sentences lined up, though...

"Wild stab in the dark here (no pun intended), but isn't there a racial element to this case? "

Perhaps Mrs de Aguiar's lawyer should have hinted that things might go better if she 'felt' that it was racially motivated. Since that's all that seems to be needed..

"There's a noticable triumphalism amongst the petty criminal/anti-social/scum elements of society."

Yup, it's noticeable in how many dispute the judgement vociferously as they are trotted down for a too-short stay at Her Majesty's pleasure...

JuliaM said...

"...we can expect to see many more instances of soft justice, mainly beacuse Ken Clark et al do not have to live in the same areas blighted by these fuckwits."

I keep thinking Clarke can't last much longer, but he hangs on!

"The CPS didn't realize the level of attack or was persuaded to bring lesser charges in the light of a guilty plea by both of them."

I think the latter sounds quite plausible.

SBC said...

@W.O.A.R

Thanks, it's appreciated.