Posted By: marko1231123
What a moments madness can do. - 07/06/16 06:51 PM
Well today I spent the afternoon in court. not as a defendant I should add. long story I cant give details
Anyway I arrived early so I sat in the appointed court room.
A different case was being heard when I arrived it was a sentencing hearing also it was my first time in a criminal court.
I will try to summarise the events,
On the stand was a 38 year old guy, father of two and divorced
He was well educated and employed, As stated in the court by his barrister.
The defendant had one minor assault conviction some Twenty years ago but nothing up to the night in question in 2014.
The judge stated the previous offence was not relevant due to the length of time between offences.
He was facing three charges of assault.
One of the assault charges was very serious.
Basically he assaulted his stepdad his mother and sister.
Ok I thought, at the time I hope the scum bag gets some jail time for this.
But then his barrister started to list the mitigating circumstance which led to the assault.
Here's where it gets complicated basically his parents had lied about who his father was all his life the guy he assaulted he thought Was his biological father. also when he questioned them about this early 2013 they still lied to him.
Till he tracked down his real dad and they admitted the truth this in his barristers words had a serious psychological effect on the Guy he turned to alcohol his wife left him because of this.
In turn this lead to many family arguments and eventually a complete breakdown of relations between him and his parents.
His drinking and drug taking escalated as a result.
I should state his family owned a pub on the night of the assault in the early hours of the morning he arrived at the Bar demanding alcohol his dad/stepdad refused to give him any. the defendant then punched his dad repeatedly resulting in his Dad losing the sight in one eye completely his mother tried to intervene he pushed her she fell also hurting her self,
His sister also tried to stop him hitting there dad he maintains his watch strap got caught in her hair resulting in her having a big chunk of her hair pulled out by The roots.
Since the night of the assault he has no contact with his family.
He did try to apologise he also showed remorse by stopping drinking and drug taking.
attending therapy and anger management training. His ex wife sent a letter to the court saying he had always been a good provider and father to his kids the probation report stated he likelihood of reoffending was very low.
but the impact statements from his family were pretty devastating
He had raised 10k to give his family some compensation. a letter from his family stated although they no longer wanted contact with Him they also did not wont to see him go to jail. the judge said he would take there view in to consideration but it was ultimately His decision.
I am not posting this topic for entertainment I am generally interested.
In what you guys would think would have been a fair punishment.
I fully realise I have not listed every fact and were not barristers/lawyer or do we have access to all the reports the judge had
His was sentenced to six years imprisonment with three years suspended because he showed genuine remorse and his family's wishes.
do you think this was harsh taking everything in to account.?
Remember to guy has lost his wife kids Mom/Dad sister home his job liberty.
Yes he deserved some time and yes a man lost his sight in one eye but basically this guy has lost everything because of that night.
I should imagine it will be near impossible for him to come back from this.
Anyway I arrived early so I sat in the appointed court room.
A different case was being heard when I arrived it was a sentencing hearing also it was my first time in a criminal court.
I will try to summarise the events,
On the stand was a 38 year old guy, father of two and divorced
He was well educated and employed, As stated in the court by his barrister.
The defendant had one minor assault conviction some Twenty years ago but nothing up to the night in question in 2014.
The judge stated the previous offence was not relevant due to the length of time between offences.
He was facing three charges of assault.
One of the assault charges was very serious.
Basically he assaulted his stepdad his mother and sister.
Ok I thought, at the time I hope the scum bag gets some jail time for this.
But then his barrister started to list the mitigating circumstance which led to the assault.
Here's where it gets complicated basically his parents had lied about who his father was all his life the guy he assaulted he thought Was his biological father. also when he questioned them about this early 2013 they still lied to him.
Till he tracked down his real dad and they admitted the truth this in his barristers words had a serious psychological effect on the Guy he turned to alcohol his wife left him because of this.
In turn this lead to many family arguments and eventually a complete breakdown of relations between him and his parents.
His drinking and drug taking escalated as a result.
I should state his family owned a pub on the night of the assault in the early hours of the morning he arrived at the Bar demanding alcohol his dad/stepdad refused to give him any. the defendant then punched his dad repeatedly resulting in his Dad losing the sight in one eye completely his mother tried to intervene he pushed her she fell also hurting her self,
His sister also tried to stop him hitting there dad he maintains his watch strap got caught in her hair resulting in her having a big chunk of her hair pulled out by The roots.
Since the night of the assault he has no contact with his family.
He did try to apologise he also showed remorse by stopping drinking and drug taking.
attending therapy and anger management training. His ex wife sent a letter to the court saying he had always been a good provider and father to his kids the probation report stated he likelihood of reoffending was very low.
but the impact statements from his family were pretty devastating
He had raised 10k to give his family some compensation. a letter from his family stated although they no longer wanted contact with Him they also did not wont to see him go to jail. the judge said he would take there view in to consideration but it was ultimately His decision.
I am not posting this topic for entertainment I am generally interested.
In what you guys would think would have been a fair punishment.
I fully realise I have not listed every fact and were not barristers/lawyer or do we have access to all the reports the judge had
His was sentenced to six years imprisonment with three years suspended because he showed genuine remorse and his family's wishes.
do you think this was harsh taking everything in to account.?
Remember to guy has lost his wife kids Mom/Dad sister home his job liberty.
Yes he deserved some time and yes a man lost his sight in one eye but basically this guy has lost everything because of that night.
I should imagine it will be near impossible for him to come back from this.