IOM COURTS SENTENCING

[tetchtyke 264]

6 hours ago, Rhumsaa said:

I'm not saying it's ok but isn't it the life of most laws that they get challenged in courts and amended over time? it's just that it doesn't usually happen in extreme public scrutiny over 6 months

and realistically, irrespective of the matter involved, the people who can afford the best representation stand the best chance of winning their cases?

it does feel *wrong* though that there are people fleeing their homes at 3am in fear and in desperation and the result is 2 weeks in jail..... normally I'd be thinking there was more to it that we weren't aware of that got it to that stage but.... I dunno

The Covid regs were done in a hurry, it's absolutely right that things get tightened up over time. It's good governance, not a criticism. My point was more that the original law not being watertight explains why they decided not to prosecute the Jersey lot. Especially as, as you say, they're likely to have more resources at their disposal.

As for the woman who was jailed, there is apparently more to it than was reported.

Edited November 6, 2020 by tetchtyke

[tetchtyke 264]

5 hours ago, John Wright said:

That’s what has surprised me, that there hasn’t been an appeal against the prison sentences.

And no, some, most, of our criminal legal aid and duty advocates are of very high caliber. The pay rate is not determinative of quality.

There’ve been 2 cases overturned, rather than appealed, because it was realised the summary court didn’t have the power to convict.

The person who gave a wrong name on a private flight arrival,  and was isolating, so not a quarantine breach, where it was discovered the regulation wasn’t in force at the time of the alleged offence. A mistake common to the police, prosecution, court and defence.

The person who had obtained a re-entry certificate when subject to an exclusion order. It was later discovered that the court imposing the exclusion order had got it wrong, so the exclusion order fell away, as did the Covid borders and entry certificate offences.

And clearly, the regulations should allow an emergency flight defence/exemption, what happens if you’re isolating and your house catches fire, or, as in the case you quote, you are in danger. It’s not right that you get charged or imprisoned for escaping into the street.

The Direction Notice provides for emergency situations, including being directed by a police officer or other member of the emergency services.

The moral of the story is ring the police or the border team immediately if you need to breach.

[Gladys 7,585]

11 minutes ago, tetchtyke said:

 

As for the woman who was jailed, there is apparently more to it than was reported.

There probably was, in fact it was reported that there was a drunken row, so you kind of wonder a bit.  Nevertheless, on the face of it, it does seem harsh to imprison someone who is looking for refuge, especially when the increase of domestic violence during lockdown has been well documented.   

I was discussing this with a friend who asked why didn't she call the police.  A fair question, but perhaps making such a phone call would have exacerbated the situation? 

[Apple 939]

33 minutes ago, tetchtyke said:

The Covid regs were done in a hurry,

.....done too late.... we should have brought border restrictions sooner than we did.

[thesultanofsheight 9,454]

1 hour ago, tetchtyke said:

The Direction Notice provides for emergency situations, including being directed by a police officer or other member of the emergency services.

The moral of the story is ring the police or the border team immediately if you need to breach.

Yeah because anyone in a potentially violent situation with their partner in their own home is going to pick up the phone at 3am in the morning and ask the police if it’s ok to leave home first? Totally idiotic rules that completely ignore reality. In essence a women got jailed for taking evasive action to escape a tricky domestic situation. Totally fucked up on any scale you care to imagine. 

[tetchtyke 264]

45 minutes ago, thesultanofsheight said:

Yeah because anyone in a potentially violent situation with their partner in their own home is going to pick up the phone at 3am in the morning and ask the police if it’s ok to leave home first? Totally idiotic rules that completely ignore reality. In essence a women got jailed for taking evasive action to escape a tricky domestic situation. Totally fucked up on any scale you care to imagine. 

Ring from the taxi? "I've had to leave home, what do I do?" It's the same with the woman who stopped for petrol, "my car's on fumes, what do I do?".

There no doubt is more to it than has been reported. Like with the woman who stopped for petrol who chose to be abusive to police then run off when they called on her.

[thesultanofsheight 9,454]

1 hour ago, tetchtyke said:

There no doubt is more to it than has been reported. Like with the woman who stopped for petrol who chose to be abusive to police then run off when they called on her.

You don’t half talk some absolute bollocks. Oh yes I forgot the claim the woman was abusive to police. I’d be bloody abusive to the police as well dragging me away from my family for such a fucking ridiculous offense as putting fuel in my car. I can’t believe how many mindless cretins there are rubbing their hands with glee at the excesses of our ridiculous police state and totalitarian emergency laws.

Edited November 6, 2020 by thesultanofsheight

[Barlow 991]

Ah from England, like the former Judge of Appeal, who knew exactly which side his bread was buttered on and who to let pull his strings.

[Banker 1,504]

Second knife offence and gets suspended sentence, good job he didn’t break isolation!!

[thesultanofsheight 9,454]

15 minutes ago, Banker said:

Second knife offence and gets suspended sentence, good job he didn’t break isolation!!

Yep you can download as much kiddy porn as you like, wave a knife around, steal some money, and maybe try to give the wife a good old slap at 3:00 in the morning and you won’t end up inside. But best not leave the house to buy a butty or fill your tank as you’ll be in prison for a few weeks in the totally fucked up IOM! 

Edited November 9, 2020 by thesultanofsheight

[Apple 939]

On 11/6/2020 at 7:32 PM, thesultanofsheight said:

........there are rubbing their hands with glee at the excesses of our ridiculous police state and totalitarian emergency laws.

Ahhhh, the exercise of power. Our politicians do it because they can. No accountability. No serious challenges. (apart from Dr Glover) who really didn't get any back up from her colleagues that I saw or heard about. 

[the stinking enigma 11,515]

30 minutes ago, thesultanofsheight said:

Yep you can download as much kiddy porn as you like, wave a knife around, steal some money, and maybe try to give the wife a good old slap at 3:00 in the morning and you won’t end up inside. But best not leave the house to buy a butty or fill your tank as you’ll be in prison for a few weeks in the totally fucked up IOM! 

It's no picnic that's for sure.

[manxst 724]

Notice that the police officer who pleaded guilty to assisting benefit fraud was due in court last week on the 5th, and yet the media have point blank ignored it. Guess he got away lightly, seeing as the AGs saw fit to drop 20 theft charges as well as one of concealing, disguising, transferring or removing the proceeds of crime. My bet is a caution or suspended sentence, as well as being allowed to resign his position rather than getting sacked. Any takers? 

[Banker 1,504]

18 minutes ago, manxst said:

Notice that the police officer who pleaded guilty to assisting benefit fraud was due in court last week on the 5th, and yet the media have point blank ignored it. Guess he got away lightly, seeing as the AGs saw fit to drop 20 theft charges as well as one of concealing, disguising, transferring or removing the proceeds of crime. My bet is a caution or suspended sentence, as well as being allowed to resign his position rather than getting sacked. Any takers? 

Possibly, the worst crime at the moment seems to be to break quarantine rules!!

[John Wright 8,417]

36 minutes ago, manxst said:

Notice that the police officer who pleaded guilty to assisting benefit fraud was due in court last week on the 5th, and yet the media have point blank ignored it. Guess he got away lightly, seeing as the AGs saw fit to drop 20 theft charges as well as one of concealing, disguising, transferring or removing the proceeds of crime. My bet is a caution or suspended sentence, as well as being allowed to resign his position rather than getting sacked. Any takers? 

As usual, there’s much more to this than meets the eye.
 

It won’t be a caution. He’s pleaded guilty. Caution not available. I’m sure it was a plea bargain. And as the only witness to support the prosecution of the 20 charges was dead, and couldn’t give evidence, they were possibly on a sticky wicket given his defence, as reported in the mitigation.

He resigned before he pleaded guilty.

No good blaming the AG, either. Because of his position, and the fact he had worked closely with AG prosecutions, an independent outside non government prosecuting advocate was employed, at arms length, to prosecute.

No idea why it’s not been covered in the press.