Dusty wrote:
So on the one hand we have violent thuggish behaviour resulting in serious (possibly perminant) injuries being treated as being of no more importance than that of somebody "Flipping the bird" to a speed cam, whereas violent thuggish behaviour that causes no injuries whatsoever results in a lengthy prison sentence.
The biker was caught doing 48 in a 30 limit, one hand on the controls, not looking where he was going and with one hand potentially obstructing his forward vision. It is also seems that the speeding through the camera site was deliberate. The 5 points is just about in accordance with the guidelines courts are obliged to follow, and possibly on the low side. All fines are based partly on the seriousness of the offence and partly on the defendants ability to pay. It follows that it is not possible to compare fairness of sentencing between different offences based on the fine imposed without detailed knowledge of each defendants finances.
The brick incident is much more complicated as it involves a 14 year old defendant and comes under youth court rules which are very different from those in the adult court. I have no idea why an offence which seems to meet all the requirements for a charge of GBH was actually charged as assault. A court has no power to refuse to hear a case that they feel has been seriously undercharged and no power to inflate the penalty to reflect what they think the charge should have been. They also have to have regard to the Children Act which makes it clear that the main objective in the youth court must be the prevention of further offending and not punishment.
The magistrates had no power to send this case to the crown court and that limits the available sentence. When a youth appears in court for the first time AND pleads guilty (both of which seem to be the case here) then the bench only have custody or a referral order as possible sentences. The other option of a Youth Rehabilitation Order is not available in such circumstances. Custodial sentences are only available for 14 year olds if they can be categorised as “persistent offenders”. That requires a history of offending, which doesn't seem to apply to this defendant.
So it appears that the court imposed the maximum sentence allowed by law. 12 months being the longest period allowable for a Referral Order.
The £200 fine referred to in the press can't possibly be a fine as that option is not available for first time offenders and in any case its either a Referral Order or a fine, not both. The £200 would have been either costs or compensation. I hope it was compensation. That sum falls far short of the maximum compensation a court could impose for such appalling injuries but, due to the defendants age, any cash has to come from his parents and is limited by the amount they can afford to pay.
The fire extinguisher throwing student is an adult and thus his case was not subject to youth court custodial limitations. He received a 32 month sentence, the maximum possible being 5 years.
Please understand that I am not saying that any of these sentences was correct. Or that any was wrong. I merely put forward the constraints and guidelines the sentencing courts were obliged to follow.
All comments are based on press reports, which usually contain errors.