If I were the judge ............

[Leach]

The best thing for that person inside would be a good set about boiling water and kicked down the stairs and let no one bother to help him

[Wb123]

I find it a little hard to see how with this chaps history and the quality of the evidence a whole life sentence has not been used. 

 

[GingerCat]

4 hours ago, welsh1 said:

They use a lesser charge because there is a greater chance of conviction.

I was stabbed in the face with a 12 inch carving knife, and he had tried to stab me in the chest, it was dealt with as ABH as there was a greater chance of conviction, all he got was 8 months inside.

It's all down to the CPS who only take the case forward if they have an extremly good chance of winning.

The cps have fallen apart, dropping more cases than I can ever remember and I've seen offences "time out" due to their delays, something I haven't seen before. Real mess. 

[TRINITY]

31 minutes ago, GingerCat said:

The cps have fallen apart, dropping more cases than I can ever remember and I've seen offences "time out" due to their delays, something I haven't seen before. Real mess. 

That doesn't surprise me in the slightest. All the political point scoring about increasing police numbers is an exercise in futility.  All the police force do is to put offenders in the legal system for others to deal with. Once people have been arrested and charged and the file prepared,their job is done. What happens after that is the real problem because our weak and under funded judicial and prison systems undermine the work the police do.

[Boristhedog]

https://www.judiciary.uk/wp-content/uploads/2020/01/r-v-rodwan-sentencing.pdf

 

This explains how the judge applied the law about sentencing in this case. However, I cannot understand how he was acquitted of attempted murder and of having an offensive weapon by the jury!! 

[Penelope]

8 minutes ago, Boristhedog said:

https://www.judiciary.uk/wp-content/uploads/2020/01/r-v-rodwan-sentencing.pdf

 

This explains how the judge applied the law about sentencing in this case. However, I cannot understand how he was acquitted of attempted murder and of having an offensive weapon by the jury!! 

Others from the 'community' perhaps.

Had similar when I was a juror, the birds of a feather wanted to stick together with the accused. Robbed a bookies at knife point.

[WalkedUp]

I cannot comment on this man’s sentence and remain reasonable. My blood boils. 

[strimmer_13]

2 hours ago, Leach said:

The best thing for that person inside would be a good set about boiling water and kicked down the stairs and let no one bother to help him

Problem is he'd probably be a hero in the nick.

As Lloyd said, would of been handy to of been shot straight in the face at the scene. 

[Leach]

Probably would be there's always the screws in side could give him a rough time

[JTaylor91]

12 hours ago, Boristhedog said:

https://www.judiciary.uk/wp-content/uploads/2020/01/r-v-rodwan-sentencing.pdf

 

This explains how the judge applied the law about sentencing in this case. However, I cannot understand how he was acquitted of attempted murder and of having an offensive weapon by the jury!! 

I think he got off the offensive weapon charge using the excuse he had it for his work as a handyman/gardener. 

[TIGHTCHOKE]

2 minutes ago, JTaylor91 said:

I think he got off the offensive weapon charge using the excuse he had it for his work as a handyman/gardener. 

If so. all that changed when he picked it up and hit the Policeman for the first of 60 blows!

[JTaylor91]

18 minutes ago, TIGHTCHOKE said:

If so. all that changed when he picked it up and hit the Policeman for the first of 60 blows!

I wholeheartedly agree. I was speculating on the reason he was found not guilty of that offence. The second somebody decides to use a tool for their work as a weapon it becomes just that....a weapon.

[TIGHTCHOKE]

A very sad state of affairs that needs addressing!

[johnphilip]

This is what the guys lawyer  had to say . Do these people have no morals at all.

https://www.dailymail.co.uk/news/article-7927199/Lawyer-says-heroic-police-officer-disciplined-saving-life-Taser.html

[TIGHTCHOKE]

1 hour ago, johnphilip said:

This is what the guys lawyer  had to say . Do these people have no morals at all.

https://www.dailymail.co.uk/news/article-7927199/Lawyer-says-heroic-police-officer-disciplined-saving-life-Taser.html

Gordon Bennett, how does she sleep at night?

[TRINITY]

18 minutes ago, TIGHTCHOKE said:

Gordon Bennett, how does she sleep at night?

Very sound I would imagine. There are plenty like her,they are the scum of the earth in my opinion. They have no morals and are out to line their pockets on the legal aid system. By making such comments her intention is to send a message to the criminal community hoping to drum up business and line her pockets at the expense of society.

[johnphilip]

39 minutes ago, TIGHTCHOKE said:

Gordon Bennett, how does she sleep at night?

Do these people not realise  some day they may need the police . 

18 minutes ago, TRINITY said:

Very sound I would imagine. There are plenty like her,they are the scum of the earth in my opinion. They have no morals and are out to line their pockets on the legal aid system. By making such comments her intention is to send a message to the criminal community hoping to drum up business and line her pockets at the expense of society.

So well said  .

[wymberley]

23 hours ago, McSpredder said:

According to today's Daily Telegraph, the jury "... found Rodwan guilty of wounding with intent, but cleared him of the more serious charge of attempted murder and also of possession of an offensive weapon."

So, he was in possession of a weapon and used it to commit an offence, but he was not in possession of an offensive weapon.   Can somebody please explain?

Simply don't understand these things, but would this case have set a precedent? What now happens if you're pulled over for a faulty rear light or possibly speeding on the way home from the office and Plod spots the 2" fixed bladed paunching knife that you'd absent mindedly left in the car the previous evening? Or do you still get done for having an illegal knife in public without good reason?

[Newbie to this]

Why was this work tool in the cab of the van and not in the rear 

I say again our justice system is broken beyond belief!!!

[Muddy Funker]

Shame he didn't try that with an armed cop. 

 

[Gordon R]

Quote

 

Why was this work tool in the cab of the van and not in the rear 

I say again our justice system is broken beyond belief!!!

 

This.

[Walker570]

The CPS where a disaster from day one.  I was a service police officer then and the woman from the CPS lost us so many cases through total incompetence when our prosecuting Chief Inspector would fight it to the end.  Explain to me, why is a solicitor working for the CPS when they could be a partner in a succesful business.  Get my drift ?

However the whole system has fallen apart through the last 30 plus years and I could see where it was going way back in the 80s after the accelerated promotion scheme in the police force.   It has to go full circle with the return of the independance of local magistrates courts. Back in the 60s, you where in serious trouble if you exceeded the speed limit in Henley in Arden as the Magistrates there almost always issued fines for speeding 10% or more above other local courts. They where not dictated to by some central snowflake government body, they where protecting the people in Henley in Arden. 

Having been there at the sharp end, I know that issuing a handgun to all our police officers is a risky thing. It would require a huge amount of intensive training, however in this case I think the prison service should have been releaved of the problem of accomodating this heap of garbage.

Edited January 25, 2020 by Walker570

[WalkedUp]

Arming police is not the answer, however prison needs to be punishment.

Edited January 26, 2020 by WalkedUp

[GingerCat]

6 hours ago, wymberley said:

Simply don't understand these things, but would this case have set a precedent? What now happens if you're pulled over for a faulty rear light or possibly speeding on the way home from the office and Plod spots the 2" fixed bladed paunching knife that you'd absent mindedly left in the car the previous evening? Or do you still get done for having an illegal knife in public without good reason?

The precedent was set in 1978 (41 years ago) and is "instant arming" (r v Williams I think). He had a machete he used for work and the jury bought that, so not an offensive weapon in a public place. He used to to hit the pc and it became "instant arming" so it's still not an offensive weapon in a public place. It couldn't be if they were ok with it earlier. They would have to think he had it with him to use as a weapon and nothing else.  As it's dual use i.e. has a legitimate use with his work. Clear as mud? Good. 

If it was a samurai sword and he tried the "gardening" line it would have failed as that's a "made" offensive weapon. Not "intended" or "adapted" and it's not used for gardening. Ever. 

If you were in a pub and assaulted and had a pool cue in your hand in which you hit the attacker with, it would not be an offensive weapon in a public place either under this rule. Ie you were in a pub (public place) and were playing pool With a cue  (not an offensive weapon) and hit him. There might be an assault but you'd have the defence of self defence and instant arming with the cue so not offensive weapon either. 

Doesn't make a bit of difference as he was sentenced for gbh with a weapon.

If the assault didn't happen and he was charged with points and blades (s136) he may have struggled and the sentence is the same as having an offensive weapon. 

Attempted murder would mean the prosecution would have to prove he intended to kill him, not just injure. That's quite a high bar. He would have said something along the lines of "if i wanted to kill him i could have but didnt". The intent is gone. They may well have lost that one. I think they made the right choice given the options. 

The defence barristers comments are simply  bewildering and I feel go a long way to show her dislike of the police  and total ignorance of her knowledge of policing beyond that of her arm chair. 

[wymberley]

49 minutes ago, GingerCat said:

The precedent was set in 1978 (41 years ago) and is "instant arming" (r v Williams I think). He had a machete he used for work and the jury bought that, so not an offensive weapon in a public place. He used to to hit the pc and it became "instant arming" so it's still not an offensive weapon in a public place. It couldn't be if they were ok with it earlier. They would have to think he had it with him to use as a weapon and nothing else.  As it's dual use i.e. has a legitimate use with his work. Clear as mud? Good. 

If it was a samurai sword and he tried the "gardening" line it would have failed as that's a "made" offensive weapon. Not "intended" or "adapted" and it's not used for gardening. Ever. 

If you were in a pub and assaulted and had a pool cue in your hand in which you hit the attacker with, it would not be an offensive weapon in a public place either under this rule. Ie you were in a pub (public place) and were playing pool With a cue  (not an offensive weapon) and hit him. There might be an assault but you'd have the defence of self defence and instant arming with the cue so not offensive weapon either. 

Doesn't make a bit of difference as he was sentenced for gbh with a weapon.

If the assault didn't happen and he was charged with points and blades (s136) he may have struggled and the sentence is the same as having an offensive weapon. 

Attempted murder would mean the prosecution would have to prove he intended to kill him, not just injure. That's quite a high bar. He would have said something along the lines of "if i wanted to kill him i could have but didnt". The intent is gone. They may well have lost that one. I think they made the right choice given the options. 

The defence barristers comments are simply  bewildering and I feel go a long way to show her dislike of the police  and total ignorance of her knowledge of policing beyond that of her arm chair. 

Right then, I'm keeping mine in the boot True to his word, when I broke the school high jump record in 1957 Father bought me an ex WD machete - I could see the rabbits to shoot in the brambles but needed something to hack my way in to retrieve them. Although the wooden grip needs the attention of some Araldite, it's still good to go.