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Weak sentencing…


Manx Bean
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Probably no room at the inn or too short staffed. But I bet it won’t take long before knife crime goes up. Especially when you can use a different object to slash someone’s face and avoid prison time. 

Edited by Manx17
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The sentence had been suspended because of Burns' charity work, Deemster Cook said.

The old "charity work" is always a good one to have as a get out of jail free card.

The guy who drove on the wrong side of the road and killed the woman biker at Hillberry worked for the Red Cross. (I think he took that up after the accident but in plenty of time of course for the court case). 

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Oh, and what the fuck is a "Prosecco glass".

Oh yeah, I get it.

Prosecco is what dainty middle class housewives sip wine out of and is thus rather benign. Something like that.

I wonder if the deemster was wanting to give his advocate pal a bit of a wink when he came up with that little one.

 

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2 hours ago, Zarley said:

I call bullshit on the claim he "forgot" he had a glass in his hand. WTF? Don't believe that for a nanosecond. 

There are so many bullshit elements in this whole episode (at least as reported in the papers) that you hardly know where to begin.  But many of them are very revealing of the way that the justice system works in the Isle of Man.

  • It took this case 19 months to get to Court.   Judges seem less inclined to send people to prison if there has been a long wait to get to Court, so if you can afford to drag things out, you're more likely to escape it.
  • Burns initially came up with an even more implausible story before changing it to the current one,  which doesn't suggest a great devotion to the truth or indeed much of the remorse which he claims to feel.
  • The line about "However, after examination by an expert prosecution witness, Burns entered a basis of plea" looks suspiciously like some sort of plea-bargain - do others get such advantages?
  • The whole story is still very odd.  Who goes to a party and then decides to go to bed in somebody else's flat?  Who forgets they have a glass (presumably full of water) in their hand when pushing someone?
  • The Courts and police here seem amazingly laid-back about witness intimidation and attempted subversion (we've seen this recently elsewhere). Given that undermines the whole concept of justice, this is fairly shocking.
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5 minutes ago, Roger Mexico said:

There are so many bullshit elements in this whole episode (at least as reported in the papers) that you hardly know where to begin.  But many of them are very revealing of the way that the justice system works in the Isle of Man

Don’t forget his failing mental health caused by him glassing someone and then having to put up with the pressure of the legal system taking him to Court. Poor fella he’s clearly the real victim in all this. As with all of these things when they happen you’re left wondering who his mum or dad is especially when they also end up with a daft of references from all and sundry (including a local advocate who presumably wished to say anonymous).

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1 hour ago, AOR said:

The sentence had been suspended because of Burns' charity work, Deemster Cook said.

The old "charity work" is always ay good one to have as a get out of jail free card.

The guy who drove on the wrong side of the road and killed the woman biker at Hillberry worked for the Red Cross. (I think he took that up after the accident but in plenty of time of course for the court case). 

His charity work is probably the community outreach stuff FCIOM do. Which is about building a bond between the club and the community and basically part of the club's PR strategy. It's probably an implied condition of being a player that they engage in this stuff. 

Normally, I'm not one to call for stiffer sentences, but the mitigation here is very weak. He's not a teenager from a troubled home or with addiction or mental health issues where engaging with probation or mental health services etc could turn his life around. He's an adult who inflicted life changing injuries on his victim. The best intervention society can make is to make it clear to him, for all the positives in his life, that this is unacceptable. A short prison sentence would do that. 

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Some of the excuses and mitigation do stretch credulity, don't they.

Perhaps if the Advocates involved were held to account, admonished in Court, then they may think twice???

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2 hours ago, AOR said:

@Gladys

Too many posts to quote.

You're a mother. Try reading the Facebook posts of the victim's mother.

Being a mother makes no difference, I have immense sympathy with the victim.  Having said that, I would not mount my campaign through FB.

There was probably more weight put on the probationary report that this was an aberration and that he was unlikely to reoffend, therefore pointless sending him to prison for rehabilitation.  He was punished in other ways.  

We have differing views, but neither mine nor yours will make any difference to the decision.  You either trust the professionals armed with all the facts and an objective view to make the right decision or you don't.   I err on crediting those who do this as a profession and who have the facts to be better able to come to the right decision than a group of ranters on an internet forum, whether or not they have a direct connection.  The fact that you do not agree, based on a report by our 'patchy' journos, is your right but does not mean you are right. 

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27 minutes ago, jackwhite said:

I'm surprised a CSP is happy to let him keep his job if he has the conviction, but not if he was imprisoned. 

Just shows you how desperate some CSPs must be for staff. It would certainly drag your business into disrepute. I see they’re happy to have links to his foot balling successes up on their corporate social media feed but not to this nasty and shameful episode. 

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1 hour ago, jackwhite said:

I'm torn on this one but I'm surprised a CSP is happy to let him keep his job if he has the conviction, but not if he was imprisoned. 

If his conviction had been for a dishonesty offence - theft/fraud etc - then his employer's stance might have been different, irrespective of whether or not he was imprisoned.      

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Well he played them like a fiddle didn’t he, saw red, flew into a moment of rage and got away with it. He might find people start picking fights with him now though because he’s got a suspended sentence and needs to be on his best behaviour, the bully turned into the bullied type thing.

Seeing as his girlfriend was in the middle of all this, where is her statement? was she too scared to speak up? She could’ve easily got hurt when the Prosecco glass got smashed.

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1 hour ago, Mysteron said:

If his conviction had been for a dishonesty offence - theft/fraud etc - then his employer's stance might have been different, irrespective of whether or not he was imprisoned.      

A lot of employers would have binned him off for that. In fact if they had it might have sent out a better message about personal behaviour and responsibility than this slap on the wrist for losing your rag and stuffing a glass into someone’s face because you thought they were chatting up your girlfriend.

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