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Fair sentence?
http://news.bbc.co.uk...nd/london/8394494.stm
Is the 7 year prison sentence this woman received too harsh? I don't think so considering she killed a child with her vehicle after she had gotten behind the wheel drunk and drugged. Why can't people who were 'bang to rights' at their trial just accept the punishment they are given? On what basis is her sentence being appealed?
Is the 7 year prison sentence this woman received too harsh? I don't think so considering she killed a child with her vehicle after she had gotten behind the wheel drunk and drugged. Why can't people who were 'bang to rights' at their trial just accept the punishment they are given? On what basis is her sentence being appealed?
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The sentence is in line with the sentencing guidelines see page 13 here
http://www.sentencing...initive_guideline.pdf
I'd imagine that the appeal is on the basis of the a) diminished responsibility due to the fact that she was so mentally unstable indicated that this was in the midst of a suicide attempt and that b) she was driving in resonse to a genuine emergency (falling short of a defence) as set out in the mitigating factors on that page - namely to get to hospital following her overdose. and c) that the penalties for this under the influence of drugs were intended to refer to recreational drug abuse and not a failed suicide attempt.
If the appeal judges accept that (and I don't know enough to say whether or not that's all credible) then I'd say that yes she probably shouldn't get the same penalty as a reckless drunken driver stoked up on acid. But still a significant gaol term is in order
http://www.sentencing...initive_guideline.pdf
I'd imagine that the appeal is on the basis of the a) diminished responsibility due to the fact that she was so mentally unstable indicated that this was in the midst of a suicide attempt and that b) she was driving in resonse to a genuine emergency (falling short of a defence) as set out in the mitigating factors on that page - namely to get to hospital following her overdose. and c) that the penalties for this under the influence of drugs were intended to refer to recreational drug abuse and not a failed suicide attempt.
If the appeal judges accept that (and I don't know enough to say whether or not that's all credible) then I'd say that yes she probably shouldn't get the same penalty as a reckless drunken driver stoked up on acid. But still a significant gaol term is in order
Thank you jake.
If it were me who had run down the child I would just accept my punishment. It seems very selfish to me that this woman doesn't not want to accept responsibility for her actions that day.
Diminished responsibility is not a defence (in my opinion) when that was caused by her consuming 2 bottles of cider,one bottle of wine and taking 14 sleeping tablets. If she urgently wanted medical help she should have picked up the phone and dialled 999.
If it were me who had run down the child I would just accept my punishment. It seems very selfish to me that this woman doesn't not want to accept responsibility for her actions that day.
Diminished responsibility is not a defence (in my opinion) when that was caused by her consuming 2 bottles of cider,one bottle of wine and taking 14 sleeping tablets. If she urgently wanted medical help she should have picked up the phone and dialled 999.
Well unless you're going to tell me otherwise I'd guess that you've never been about to commit suicide and so find it easier to sympathise with a heart warming picture of a dead child than a mentally confused woman who's decided to try to kill herself.
I've never tried to kill myself either.
But it is important that sentence retain a sense of proportion so there needs to be a scale that places things caused by deliberate and reckless use of drugs as more severe than cases like this.
We should also be wary of dictating a more severe sentence because the victim was a cute child rather than an ugly teenager - otherwise we get into sentences via beauty contests.
Of course some people will just say "Well they should all get much more sever sentences - apart from people like me speeding on the M40 (70 is ridiculous)" - this leads to sentence inflation, which some people think is happening for political reasons. Let that continue and we're back to hanging children for stealing a loaf of bread.
She has the right to appeal the sentence - just as how now the prosecution has the right to appeal an unduely leniant one.
The court of appeal will doubtlessly carefully consider it - I'll be interested to see what they say
I've never tried to kill myself either.
But it is important that sentence retain a sense of proportion so there needs to be a scale that places things caused by deliberate and reckless use of drugs as more severe than cases like this.
We should also be wary of dictating a more severe sentence because the victim was a cute child rather than an ugly teenager - otherwise we get into sentences via beauty contests.
Of course some people will just say "Well they should all get much more sever sentences - apart from people like me speeding on the M40 (70 is ridiculous)" - this leads to sentence inflation, which some people think is happening for political reasons. Let that continue and we're back to hanging children for stealing a loaf of bread.
She has the right to appeal the sentence - just as how now the prosecution has the right to appeal an unduely leniant one.
The court of appeal will doubtlessly carefully consider it - I'll be interested to see what they say
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i agree with you daffy and if this woman tried to commit suicide then that was her right ,but to kill a child because she decided oh i don't want to die ill just jump in the car drunk and drugged up ,doesn't matter who's lives i threaten by my actions ,she should take her punishment and made to look in the eyes of the childs parents see how she feels then ,personally drunk drivers are a digrace
Her sentence was appealed on the basis that it was manifestly excessive, which the Court of Appeal quite rightly threw out considering the circumstances not only of her intoxication but the state of the vehicle of which she was informed by the car tax inspector and then chose to ignore.
Daffy - I can't help feeling moved by your depression post. I wish there was something I could say to you but I am so cr@p in circumstances like this hence I would never make a good Counsellor but since you made this admission, I can't ignore it either. I feel really sad now. 2 years isn't that long. If ever you feel in the grips of depression again please post on body and soul, there are so many here who will help you, just don't take the 'suicide' route again. My thoughts are with you. I'm sorry if this is cr@p I'm trying.
Daffy - I can't help feeling moved by your depression post. I wish there was something I could say to you but I am so cr@p in circumstances like this hence I would never make a good Counsellor but since you made this admission, I can't ignore it either. I feel really sad now. 2 years isn't that long. If ever you feel in the grips of depression again please post on body and soul, there are so many here who will help you, just don't take the 'suicide' route again. My thoughts are with you. I'm sorry if this is cr@p I'm trying.
Sorry to appear again, I was thinking about you. Still don't know what to say - and I know that I can't ask you to promise a stranger not to ever act on suicidal feelings again, but can you at least give me some words of reassurance that if ever and I hope you don't but if you do, that you won't try any attempt again? I understand if you don't reply to this post, I don't really understand severe depression but I'm still trying. Thanks
If it had been a man/immigrant who had taken drugs and been drinking would the question have even been posted?
No doubt the question would have been posted if the convicted was an xfactor finalist or Katie Price.
I don't care whether they are black, white, old, young, disabled, immigrant or Simon Cowell, if you drive whilst over the limit and having taken drugs, you should accept the consequences for your actions, be it hitting a wall or a child.
No doubt the question would have been posted if the convicted was an xfactor finalist or Katie Price.
I don't care whether they are black, white, old, young, disabled, immigrant or Simon Cowell, if you drive whilst over the limit and having taken drugs, you should accept the consequences for your actions, be it hitting a wall or a child.
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