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Violent student may avoid custodial sentence due to talent

Violent student may avoid custodial sentence due to talent

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Old May 17th 2017, 2:55 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by Almost Canadian View Post
As for her lawyer, he may have taken this case on pro bono, or via legal aid.
Oh, of course.

But tell me, how did they find him? Just by looking up QCs and persuading him to do it?
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Old May 17th 2017, 3:59 pm
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Default Re: Violent student may avoid custodial sentence due to talent

More googling.

Attended £16000 a year private school in Milan.

Lives in Italy. Do non UK residents qualify for legal aid?
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Old May 17th 2017, 4:11 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by BristolUK View Post
More googling.

Attended £16000 a year private school in Milan.

Lives in Italy. Do non UK residents qualify for legal aid?
Having never had anything to do with criminal legal aid, I don't know.

Do you believe that foreign students studying in the UK should be denied legal aid if accused of a crime?

Do you believe the Judge made an incorrect decision?
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Old May 17th 2017, 4:15 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by BristolUK View Post
Oh, of course.

But tell me, how did they find him? Just by looking up QCs and persuading him to do it?
When I was in England, one could only instruct a barrister through one's solicitor. It wasn't possible to directly retain a barrister. I believe that that has now changed.
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Old May 17th 2017, 4:37 pm
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Default Re: Violent student may avoid custodial sentence due to talent

So.. we have a young, white, attractive, 24 year old Oxford female student who drinks, takes drugs and attacks people with a knives and other household items.

As part of her defence, we are told she is intelligent and has a promising career as a surgeon and that this should influence her sentence, one that would normally carry a custodial sentence.

Imagine if this woman had been poor, black, unemployed on benefits and had stabbed her black boyfriend.

I doubt that the 'smart and future expectation' argument would hold much water in the latter case and yet we don't know how the latter's life would have evolved.

Society would have us believe that the law is blind but apparently it isn't deaf or as blind as it should be. The government is clamping down on knife crime in general, but apparently some knives aren't quite so dangerous as others. A sharp scalpel in the hands of this woman might make a cut too far.
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Old May 17th 2017, 4:46 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Surely it's a just a drunken row that got out of hand. If the guy didn't sustain serious injury then the judge's decision to wait and see makes some sense.
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Old May 17th 2017, 5:09 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by dave_j View Post
So.. we have a young, white, attractive, 24 year old Oxford female student who drinks, takes drugs and attacks people with a knives and other household items.

As part of her defence, we are told she is intelligent and has a promising career as a surgeon and that this should influence her sentence, one that would normally carry a custodial sentence.

Imagine if this woman had been poor, black, unemployed on benefits and had stabbed her black boyfriend.

I doubt that the 'smart and future expectation' argument would hold much water in the latter case and yet we don't know how the latter's life would have evolved.

Society would have us believe that the law is blind but apparently it isn't deaf or as blind as it should be. The government is clamping down on knife crime in general, but apparently some knives aren't quite so dangerous as others. A sharp scalpel in the hands of this woman might make a cut too far.
She admitted the crime so there was no defence.

Her lawyer made submissions in mitigation of the sentence and there is no suggestion that she won't receive a custodial sentence.

The Judge simply deferred his final sentencing to a later date and, as you will have noted, has imposed interim conditions upon her.

What is not sensible about that?
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Old May 17th 2017, 6:22 pm
  #23  
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Default Re: Violent student may avoid custodial sentence due to talent

Were she not posh I doubt she'd be called Lavinia. Nonetheless, non-posh, non-custodials:

Suspended sentence for woman who stabbed partner in the chest with a steak knife after drunken row | Burton Mail

Thornton Heath man who repeatedly beat his girlfriend given suspended prison sentence | Croydon Advertiser
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Old May 17th 2017, 7:14 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by Almost Canadian View Post
She admitted the crime so there was no defence.
Her lawyer made submissions in mitigation of the sentence and there is no suggestion that she won't receive a custodial sentence.
The Judge simply deferred his final sentencing to a later date and, as you will have noted, has imposed interim conditions upon her.
What is not sensible about that?
Points taken. We wait and see.
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Old May 17th 2017, 7:19 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Posh people look different. The way they hold their head, sit. She's definitely posh.
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Old May 17th 2017, 7:26 pm
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Default Re: Violent student may avoid custodial sentence due to talent

I'm having a déj vu/plus ça change sort of moment over this one...
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Old May 17th 2017, 7:44 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by Almost Canadian View Post
Do you believe that foreign students studying in the UK should be denied legal aid if accused of a crime?
Irrelevant to the topic.

But everyone ishould get defence and fair trials. Not everyone gets a top QC.

Do you believe the Judge made an incorrect decision?
He hasn't made one.


ETA....damn...you successfully distracted me from the bit about her being posh. Well done.

Last edited by BristolUK; May 17th 2017 at 7:51 pm.
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Old May 17th 2017, 8:04 pm
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by BristolUK View Post
Irrelevant to the topic.
What topic is that? You were the one that pointed out that she lived in Italy. I simply asked whether, in light of that comment, you believed she should not be entitled to legal aid (I have no idea whether she did or not).

Originally Posted by BristolUK View Post
But everyone ishould get defence and fair trials. Not everyone gets a top QC.
Do you understand what a QC is? How does one become a "top QC", as opposed to just a QC?

Originally Posted by BristolUK View Post
He hasn't made one.
Do you agree with his decision to defer the sentencing?

Originally Posted by BristolUK View Post
ETA....damn...you successfully distracted me from the bit about her being posh. Well done.

Last edited by Almost Canadian; May 17th 2017 at 8:06 pm.
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Old May 17th 2017, 10:53 pm
  #29  
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by bats View Post
Posh people look different. The way they hold their head, sit. She's definitely posh.
And vice versa.
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Old May 17th 2017, 11:32 pm
  #30  
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Default Re: Violent student may avoid custodial sentence due to talent

Originally Posted by Almost Canadian View Post
What topic is that? You were the one that pointed out that she lived in Italy.
Yes I did. I'm quite surprised you appear to have missed the relevance of it.

You are always so careful with your own words yet you seem slapdash with those of other people.

The original topic was that of alleged double standards in the guardian.

It then moved to whether she was posh and you disputed that suggesting she may have been a legal aid recipient - last I knew that included an assessment of one's inability to pay, so mention of her private school fees of £16000 and living with mummy in Italy made legal aid doubtful on both residency and income grounds.

Family wealth and connections.
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