As the
fury over PC Harwood's incipient disciplinary action begins to simmer, a commenter (Cheers Gordon!) points me, via email, to
this story:
A woman who killed a father-of-two in Glasgow with a single punch following a struggle over his alcohol carry-out has had her jail term reduced on appeal.
Kayleigh Murray, 20, from Shettleston, admitted the culpable homicide of 29-year-old Paul Woods in the city's Maryhill Road on 28 July last year.
She was jailed for six years and nine months for the attack.
Appeal judges agreed the sentencing judge had been too harsh and cut her sentence to four-and-a-half years.
It all stems from some nice legal wrangling between the prosecution and defence:
Sentencing Murray at the High Court in Glasgow, Lord Pentland told her: "It is clear that your conduct was entirely unprovoked, violent and persistent. It was aggravated by drink."
The judge also explained his sentence of six years and nine months by saying that Murray must have used "considerable force" when she punched Mr Woods.
But at the Court of Criminal Appeal in Edinburgh, her defence QC Donald Findlay successfully attacked Lord Pentland's reasoning.
"His lordship has erred to the extent that one cannot say that this was a blow which must have been delivered with considerable force," said Mr Findlay.
"The fact of the matter is it was a single punch with a closed fist and it was certainly enough to cause him to fall backwards onto the road."
Now, admittedly, it's Scotland. Different legal system. But I wonder if PC Harwood's legal team have seen it?
It is quite right that she should be locked up, for a lot longer than that, too.
ReplyDeleteSo should the PC who killed Tomlinson.
"But I wonder if PC Harwood's legal team have seen it?"
ReplyDeleteAn entire chambers clinging to the teat of a public funded crusade to preserve another police thug, will resound with the news.
You can kid yourself that they haven't seen it....or persuade yourself that these maggots were previously bereft of get out of jail cards tied in pink ribbon bows, Julia.
If Harwood had done that to Mr. Tomlinson and Mr. Tomlinson had been a West Indian, it would have been quite a different story.
ReplyDeleteIf Kayleigh Murray had killed a Bangladeshi shopkeeper who sold Paul Woods the carry out, rather than killing Paul Woods; again it would have been a different story.
They both deserve a long prison sentence in my opinion. Exactly the same as they would have got if they had killed a non-white.
But then I don't read the Guardian and I must be too thick, bigoted, even odious, to understand why a white man's life is worth nothing in this hellhole of a country.
Hmm. Musing now....on the subject of "Death By Push" where could this leave us in future ?
ReplyDelete...
Would the teacher who expels a 5 year old for pushing another 5 year old over in the playground because "he could have killed him" be ridiculed... or congratulated... on their sense of perspective and proportion ?
...
What of the police who and CPS who brought prosecution of a 5 year old for such an offence ? Ridiculed or congratulated ? Would 5 years minimum in a YOI pacify the masses ?
...
Perhaps those little psychos that tied up and whipped up a little girl should have been executed.
And to the hundreds who pushed against police lines at the demo? Prison sentences for them as it could have led to the deaths of Officers.
ReplyDeleteThe PC was out of order....but what about all the anarchists and trouble makers?
The difference between the Police and the average citizen is as follows:
ReplyDeleteThe Police are expected to put hands on other people-sometimes with a violent outcome.
I am not saying what happened to Mr Tomlinson wasn't a tragedy... but he really took the pi** that day and he received a push from a frustrated officer that had enough of his 'Tottenham shuffle'.
He died possibly as a result of that push...true.
Rest assured Police haters, PC Harwood will be sacked and like as not, go to prison.
But don't be too surprised if the Police become just a little bit less inclined to tackle drunks in the future...
The law in England is tougher than in Scotland. Sentencing was strengthened recently in the light of several notorious cases, eg the attack on the banker in Norwich, to reflect the outcome of attacks more than the "intention"* of the scum.
ReplyDelete*as if "do 'is 'ead in" can be graced with the term mens rea.
Being drunk, even drunk and disorderly, doesn't carry the death penalty. And even if it did a jury should be involved in some way.
ReplyDeleteI disagree, Gordo. Being very drunk...even if not disorderly...for over 20 years of your life will more than likely, as not, kill you.
ReplyDelete...
Judge, jury and executioner and being your own sweet self.
Correction: Judge, jury and executioner *being your own sweet self.
ReplyDeleteIn other prison related news, this just in from the Ministry of the Bleedin' Obvious :
ReplyDeletehttp://www.bbc.co.uk/news/uk-13345189
Obviously this will have no impact on sentencing policy now or ever...
PC Harwood could have been prosecuted for common assault, but apparently IPCC/CPS did not realise that common assault has a 6 month statute of limitations and it was 'out of time' over a year ago.
ReplyDeleteThere is manslaughter, but I would think that it would be difficult to prove. If being pushed to the ground violently usually caused death; football, rugby, wrestling and judo would have been banned by now.
There will be a disciplinary hearing which will attempt to make it look as if 'justice' has been done. But it won't have been - for any of the concerned parties.
"Rest assured Police haters, PC Harwood will be sacked and like as not, go to prison.
ReplyDeleteBut don't be too surprised if the Police become just a little bit less inclined to tackle drunks in the future..."
If they simply stick to the guidelines, Shijuro, and don't take out their spite and bad temper on a man who, yes, may have been drunk and obnoxious but was walking away from the confrontation at the time, then they should have nothing to fear...
"The law in England is tougher than in Scotland. Sentencing was strengthened recently in the light of several notorious cases, eg the attack on the banker in Norwich, to reflect the outcome of attacks more than the "intention"* of the scum."
Ah, thanks for that.
"Obviously this will have no impact on sentencing policy now or ever..."
Not with Clarke at the helm, that's for sure!
Shijuro is easily confused and infers this discussion is the province of police haters. His stock of police remedies includes being 'less inclined to tackle drunks in the future'.
ReplyDeleteThe admission invites negative conclusions concerning his work quality; particularly public relations on front desk duties.
I suggest that replacement of those leaky amalgam fillings could only have a positive impact on his mental state.
Melvins back....hooray. I love his anti-police rants written in perfect grammar.
ReplyDeleteAdd this post to the file you are collecting about me old chap.
Jaded