Thursday 26 May 2011

How To Escape An Attempted Murder Charge…

…pick a victim who can run fast enough:
On the morning of October 19 last year, the defendant turned up at the shop and drenched one of the owners, Ako Abdullah, in petrol, the court heard.

Terrified about what might happen the shopkeeper ran outside as the shop was set ablaze.
Now, I don’t know what goes through the mind of a CPS officer any more than I know what goes through the mind of a paranoid schizophrenic (because, yes, that’s what he turned out to be) but how is drenching someone in petrol not attempted murder?
The 30-year-old, of Rawstorne Street, Blackburn, pleaded guilty to arson, being reckless whether life would be endangered.
*sigh*
The Polish national was assisted by an interpreter for his sentencing hearing.
Well, of course he was…
Tim Brennand, prosecuting, said Szydlowski was known to the owners of the shop.

In the days leading up to the offence, he had been behaving in an anti-social and difficult manner at the shop.

He was asked to leave on October 17 for openly drinking alcohol inside the premises.
The following day, he returned claiming his MP3 player had been left there.

He made threats to the owners of “I'll burn your shop,” and “I'll blow up your shop”.

The next day he filled a container or jerry can with 10.55 litres of petrol at a garage in King Street, went to the shop and poured the contents over Mr Abdullah.
So, that’s making threats to kill and clear evidence of premeditation.

Hard to see how he’s escaped with a hospital order, isn’t it?
Mark Stuart, defending, said Szydlowski had been suffering from paranoid schizophrenia for some time, probably while he had been in Poland and certainly while in this country.
I guess we should be thankful he didn’t cut someone’s head off.
A consultant forensic psychiatrist gave evidence to say Szydlowski should be subject to a hospital order, with restrictions.
It’s OK, we’ll pay. We’ve got lots of spare psychiatric places for all the flotsam and jetsom in Europe, haven’t we?

Can we leave yet?

10 comments:

Woman on a Raft said...

CPS outline:

12. In contrast to the offence of murder, attempted murder requires the existence of an intention to kill, not merely to cause grievous bodily harm: R v Grimwood (1962) 3 All ER 285. The requisite intention to kill can be inferred by the circumstances: R v Walker and Hayles (1990) 90 Cr App R 226.

This is a high bar to jump and if the prosecution don't prove it - and remember that juries can be perverse - then there is a chance that he could get off.

The selection of charges seems to have worked in one way - he's under a hospital order. Now all we've got to worry about is that the hospital will release him and next time he'll do the job properly.

However, it smacks again of immediate pragmatism without regard to what message this sends to the public. From earlier reports:

At court yesterday Szydlowski, 30, of Rawstorne Street, Blackburn, pleaded guilty plea to arson recklessly endangering life at Preston Crown Court.

His barrister entered the plea on his behalf as Szydlowski is currently detained in a psychiatric unit.

A not guilty plea to a more serious charge of arson with intent to endanger life was accepted by the Crown Prosecution Service.


From which you can see the problem with court reporting these days as it appears to be the same charge, so I don't know what he actually pleaded guilty to.

There's a video to go with it:

Woman on a Raft said...

Ooops, sorry, the difference is the level of intent. Compare

"arson recklessly endagering life"
with
"arson with intent to endanger life".

He pleaded guilty to the first and the CPS accepted a plea of not guilty to the second.

Shinar's Basket Case said...

Try 'drenching someone in petrol out of a canister sometime.

It takes forever, as anyone who has ever had to use one to fill their tank will know.

What was Mr Abdullah (fine old Blackburn name I expect) doing the whole time?

Standing still?


Don't get me wrong, I'm the last person to want to make the victim into the criminal but the whole thing sounds totally fucked.

Captain Haddock said...

He made threats to the owners of “I'll burn your shop,” and “I'll blow up your shop”...

So he obviously didn't need an Interruptor to commit the offences then ? ..

Stick the mad/bad bugger back on the next LOT flight to Warsaw, we don't need him here .. we've got enough home-grown nutters/villains to contend with ..

MrAngry61 said...

Trying to set a shop keeper alight sounds pretty deranged to me.

Since the perp needs to be locked up for public safety, maybe it's better that he's in a hospital rather than a prison.

MrTickle62 said...

And it would be even better if he was in hospital in, oh, I dunno... Poland.

Solidarity said...

"10.55 litres of petrol"

Oh my goodness, think what the guv'mint made on the VAT and fuel duty there.

Quids in, iDave!

Oh yes, and laddo can sod off back to Warsaw, too where he needs no interpreters.

Ancient & Tattered Airman said...

What luxury, and I thought we were skint. We can clearly afford to import exotic arsonists. Whatever next?

Mjolinir said...

//He made threats to the owners of “I'll burn your shop,” and “I'll blow up your shop”...//

Reports don't make it clear what language was used, but we must assume that - as the owner of "The Almera Polish Food Shop" - Mr Abdullah understood enough Polish?

JuliaM said...

"However, it smacks again of immediate pragmatism without regard to what message this sends to the public."

Exactly. Sending a message to the mad is useless, but a bit of reassurance for the public (for once) wouldn't come amiss.

Although as MrAngry61 points out, maybe better than a uselessly-short prison sentence...

"Reports don't make it clear what language was used, but we must assume that - as the owner of "The Almera Polish Food Shop" - Mr Abdullah understood enough Polish?"

Or possibly the sudden inability to speaka da lingo came over him upon arrest?