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Is this neglect


Manx17
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A trial for neglect could have been more traumatic for the Kids, making it more specific to them, their relationship with their Dad and maybe curtailing their contact??

Maybe the KIds regard their Dad as quite funny when he is drunk, not realising the danger, drawing their attention to that could give them more to worry about?

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On 2/3/2022 at 10:26 AM, Manx17 said:
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A man who had his two young children in his van was more than two and a half times the legal alcohol limit - and had already been caught drink-driving just weeks before.

Peter Leavey of Oak Road in Peel appeared before High Bailiff Jayne Hughes at Douglas Courthouse for sentencing after admitting two counts of drink-driving.

The court head on September 22, a bus driver reported the joiner to police after spotting him stumbling to his van on Christian Street in Peel.

Officers went to his home, but the 49-year-old claimed he'd only been drinking after he arrived there - an expert report later showed this wasn't true.

On October 8, members of the public called police after Leavey got into his van with his children in Shoprite Car Park on Derby Road.

Defence advocate Ian Kermode said his client had been an alcoholic for 25 years and was glad he'd been caught because it gave him a chance to address his problem, which he was now doing.

Mrs Hughes jailed him for 20 weeks, suspended for two years, and banned him from the roads for five years.

He was also ordered to pay £765 costs.
 

two children involved in this, the father has a problem with alcohol for 25 years , so the mother must of known about it . Has he got of lightly and should the parents be also brought to court for child endangerment and neglect.

a few month ago a person struggling with his mental health was jailed for taking prescription drugs and driving after being failed by our mental health team and him seeking help and was refused.

how is it something as serious as this not worthy of a prison sentence. I wonder if it’s because his partner is related to the last chief Minister?

Unfortunately the young man who went to prison for driving under the influence of prescription meds has passed away age 29. In my eyes the prison service and courts failed him he was released from prison with little to no support and went on to accidentally overdoses on the medication he was prescribed. 

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12 hours ago, madmanx90 said:
13 hours ago, Kopek said:

A trial for neglect could have been more traumatic for the Kids, making it more specific to them, their relationship with their Dad and maybe curtailing their contact??

Maybe the KIds regard their Dad as quite funny when he is drunk, not realising the danger, drawing their attention to that could give them more to worry about?

I would say if nothing is done to protect children and drink drivers don’t learn the lesson of what harm can be caused. Then there will be more trying to get away with it. I would think it would be more traumatic for a child to have to live in a wheel chair for all of their life or worse if they ended up in a crash because daddy enjoyed a drink. A child is not having fun living with an alcoholic. 

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12 hours ago, madmanx90 said:

Unfortunately the young man who went to prison for driving under the influence of prescription meds has passed away age 29. In my eyes the prison service and courts failed him he was released from prison with little to no support and went on to accidentally overdoses on the medication he was prescribed. 

This is tragic and very sad and he sounded like he tried his best to seek help. How is this happening .

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On 2/3/2022 at 10:59 AM, Boo Gay'n said:

Maybe that would be best for the children.

There are high-functioning alcoholics who drink heavily every night (hence the alternative name of vampire alcoholics!) who cause problems enough for their family members, including children.  Then there are the alcoholics whose lives are falling apart, and who are prone to do reckless things like this guy.  This group are almost certainly not providing a loving and nurturing environment for their kids - and that just stores up problems forthe future.

You clearly aren't aware just how awful our 'care' system is. Taking children into care is a last resort, because all the professionals are aware that the outcomes for young people are almost universally poor. Almost any alternative is better, and I speak from experience.

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4 minutes ago, manxman34 said:

You clearly aren't aware just how awful our 'care' system is. Taking children into care is a last resort, because all the professionals are aware that the outcomes for young people are almost universally poor. Almost any alternative is better, and I speak from experience.

That’s true, I remember when I went inside the children centre a few years ago doing a job.  When they got a lot of money to do up the building. Shiny glass on the front. Inside most things were ripped.  It was absolutely disgusting. A lot of things need changing for children.  

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19 hours ago, manxman34 said:

You clearly aren't aware just how awful our 'care' system is. Taking children into care is a last resort, because all the professionals are aware that the outcomes for young people are almost universally poor. Almost any alternative is better, and I speak from experience.

Agreed. Our care system is shocking and has been for as long as I can remember.  No good would come from putting his kids in care. 

Suspended sentence for what should be an immediate custodial sentence?  Famous footballer gets a free pass?

https://www.three.fm/news/isle-of-man-news/former-footballer-handed-suspended-sentence/

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7 hours ago, cissolt said:

Suspended sentence for what should be an immediate custodial sentence?  Famous footballer gets a free pass?

https://www.three.fm/news/isle-of-man-news/former-footballer-handed-suspended-sentence/

"Famous" may be pushing it a bit, though he does have a Wiki.  But it's hardly a free pass (five years disqualified and a suspended sentence) and pretty standard for what seems to be a first offence, but with a very high reading.

What does strike me as odd is the way, just as in the trial report that's the main subject in this topic, "My client is a long-term alcoholic" seems to be being put forward as a defence.

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5 hours ago, Roger Mexico said:

"Famous" may be pushing it a bit, though he does have a Wiki.  But it's hardly a free pass (five years disqualified and a suspended sentence) and pretty standard for what seems to be a first offence, but with a very high reading.

What does strike me as odd is the way, just as in the trial report that's the main subject in this topic, "My client is a long-term alcoholic" seems to be being put forward as a defence.

It’s not a defence. The offence was admitted. Whatever was said was part of mitigation.

As we weren’t there we don’t actually know what words were used. Were they misreported.

In those circumstances, I’d be saying, and I précis in bullet format, arrest, wake up call, recognition of long time dependence or unhealthy relation ship on/with alcohol, brought to senses, reflection, gone to see DAT, signed up to AA. Seeking help. Apologise sincerely.

Never say too much. Highlight new self awareness. Highlight seeking help, assistance, treatment. 

Does the aggravation of long term substance abuse or addiction get outweighed by the mitigation of treatment, or are they equal. I’d say the realisation and doing things is a scale tipper.

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..... but in using mitigation to receive a lighter sentence and then to re-offend, might result in a higher sentence at the second trial because you have not availed yourself of the mercy of the court? They're only human after all, not a High Court Judge with a balanced view?

However, if you fall on your sword in the first trial, then subsequently re-offend, you may be treated as a re-offender and receive the normal sentence for subsequence repartition of the first offense?

The sentence for the former  could result in a combined sentence for the latter being less than the first?

Does an Advocate take re-offending into consideration in the defense of the first instance, '' let's reduce this one and then it's down to you ''???

Not a reference to this case in particular, just a generalisation .

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A suspended sentence means that if they step out of line they go to prison. For some people that'll be enough stick to get them to seek help and stay off the drink. It doesn't always work, of course, but that's the theory behind it all. And yes, if they do re-offend, going to serve the original sentence and the subsequent sentence.

I'm conflicted. I hate drink driving with a passion, and want to throw the book at drink drivers. But, even more than that, I want them to bloody stop drink driving. And in cases like this, maybe a suspended sentence is a better way to make that happen.

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