This Judge is unbelievable. The case is horrific but he also blames her? Murder of Carmen Miron Buchacra

[vivizone]

I am so angry. How is this possible?

7 years for killing your partner with a 7 week baby because as Judge said:

'I accept what caused you to lose self control was the cumulative effect of emotional abuse by Gaby over a significant period.

Because they had been arguing by text all day. So clearly she abused him.

What planet are these Judges from?

www.dailymail.co.uk/news/article-2297700/Financial-advisor-strangled-PHD-student-girlfriend-death-brutal-assault-recorded-friends-voicemail-jailed-seven-years.html

seen as mitigating circumstances for him to batter down her door and murder her in a most violent way.

He didnt bash down the door, and if you are making up facts like that up what else are you making up.

Bruffin, It was mentioned upthread that the judge mentioned that, that that was why the judge understood {?} his loss of control.

I don't think how he how got in is that relevant really, is it?

I mean, if he opened the door in the normal fashion and then strangled her to death, how does that make it better? In fact if he opened the door calmly and then went about his murderous business that sounds worse as it suggests he was in control.

"what else are you lying about?"

That's just silly.

So breaking down the door would support the "loss of control" defence.

MayorQuimby those cases referred to above are horrific.

Thank you Dreaming for that reference to the law on 'loss of control'. Reading it I actually think it proves the point I was making in that 'loss of control' is can not be properly defined.

*Partial defence to murder: loss of control(1)Where a person (?D?) kills or is a party to the killing of another (?V?), D is not to be convicted of murder if?

(a)D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
(b)the loss of self-control had a qualifying trigger, and
(c)a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.*

Surely (c) would be the strongest element in the judgement? The majority of men in these circumstances would not have reacted in this way. If they did they would be even more murders of women by their partners than the current unacceptable level.

Flipenda have you just come back on this thread just to have ago at me? lovely

what else are you lying about?"

That's just silly.
No its not, its just proves that people are reading what they wanted to read not what happens

Moonabove - I agree.

Bruffin - she refused to let him in. He threatened to batter down the door - so she opened the door. That better?

He then - and let's be clear here - this was all recorded on a voice-mail, so "lying" really doesn't come into it - unleashes a horrific attack on the mother of his 11wk old baby.

"Mother-of-one Gaby can be heard pleading for her life as Keene punches her, telling her to shut up or 'you will be dead'.

He can be heard snarling: 'Why are you crying?

'What the f* is your problem? What have I done to you today? Carry on like this and I'm going to end up in prison because you will be dead.

'I may kill you because you are a f t*.'

During the trial Michael Fitton, QC, prosecuting, told how Keene first tried to strangle Gaby using a dressing gown cord before switching to an electrical cable to ensure her death.

That's a perfectly understandable response is it? How many men do you know who would react like that?

The short answer to that is no bruffin.

And once again, if you are going to address me directly, please have the courtesy to use my correct username. Thank you.

Running I think that's the crux of it for me.

The transcript of the attack is just so incredibly disturbing.

"a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D."

In fact I would argue that even someone who did not have a 'normal' degree of tolerance and self-restraint would not have reacted with the appalling and calculated violence of this man.

The family's reaction is so painfully dignified and restrained. Like them I hope this man will suffer from the consequences of his actions because the legal system has certainly failed to punish him.

It sounds like the judge thinks a woman being more intelligent than their partner is her being psychologically abusive

It does read a bit like that Tom.

The judgement was given in a magistrates court. I see that the link give to complain about low sentences refers to judgements in Crown Court. Would this case apply?

Actually Tom that is a very good point. Many men do experience the very idea that a woman is cleverer than them as emotional abuse.

And so obviously a male judge will sympathise with that.

Someone else mentioned the dennis waterman view of the world.

It really isn't that unusual.

Thought it seemed odd - thanks for that.