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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think being jailed for eight months is excessive

41 replies

MissionItsPossible · 20/04/2018 06:49

www.mirror.co.uk/news/uk-news/barber-who-shaved-boys-head-12394717

I understand it wasn’t a nice thing to do but people walk away without imprisonment for far, far worse crimes including horrifically violent ones. I don’t understand our system sometimes.

OP posts:
catinapoolofsunshine · 20/04/2018 07:57

The fact hair grows back is only relevant if you think a man who bears a 10 year old child but causes no permanent physical damage shouldn't go to jail because cuts and bruises and broken bones heal.

The sentences for sex offenders and killers should be longer than they are.

That doesn't mean it's ok for adults to subject 10 year old children to frightening and humiliating acts in front of a laughing audience.

catinapoolofsunshine · 20/04/2018 07:57

*beats not bears

AskBasil · 20/04/2018 08:12

YABU

This was an assault on a child.

It's not that the sentence is too long. It's that jail sentences for other crimes, are too short.

I think the violent man who attacked a grandmother in Hyde Park, for example, should have been jailed, because violent crimes should be the priority for jail time.

But violent crime is simply not taken seriously.

PosyFossilsShoes · 20/04/2018 08:25

Identifying details about a child can't be reported so there may be detail missing. I do notice that in every report, it's said that the child's original hair cut was "important to him" and that he was "proud" of it, which suggests that his original hair style had cultural / religious associations. That is entirely speculative but would make sense in the context of the longer sentence.

prh47bridge · 20/04/2018 08:40

He pleaded guilty to ABH. Looking at the sentencing guidelines, this would appear to be a Category 2 offence in that it is lower harm (the boy did not suffer serious injury) but higher culpability (targeting a vulnerable victim, possibly hostility due to the victim's age, etc.). That means the starting point for sentencing is 6 months with a range from low level community order to 51 weeks in prison. There are a number of aggravating factors (presence of others, gratuitous degradation of victim, abuse of position of trust and possibly others that are not evident in the press reports) but I can't see anything in the reports that suggests any mitigating factors, so we are going to move up from the starting point. I don't know at what point in the process the barber first pleaded guilty so I'm not sure how much discount he got for that. If he pleaded guilty at the first possible opportunity he would have got a one third reduction in the sentence, meaning that he got 51 weeks less the discount for pleading guilty. If he waited until the case got to court he would have received a smaller discount.

Overall I think the sentence is harsh but it appears to be within the guidelines. The thing I find most surprising is that the sentence was not suspended.

It was pretty much inevitable that something like this would happen since the High Court sentenced a man to 12 months for ABH in 2006 after he cut off his girlfriend's ponytail without her consent. Before that the lower courts tended to take the view that cutting someone's hair without consent was not an offence.

Is this the same judge who let a man off with 40,000 serious sexual images of children on his computer because the evidence bag tag was wrongly done so couldn't be submitted in court

I am not familiar with that case. Do you have a link? But, based on your description, the judge would not have let the man off. The prosecution would have withdrawn its case. It is not the judge's fault if the police mess up the evidence. From the description you give it sounds like the police were unable to prove that the evidence was gathered from the defendant and had not been tampered with. If you want to convict people on dodgy evidence we are all in danger. Blame the police, not the judge.

MarthasGinYard · 20/04/2018 08:41

Yanbu

I was a bit shocked

Where were the parents when the 10 year old was in the barbers and then calling 999

Zampa · 20/04/2018 08:58

prh47bridge Slightly off topic, but do the discounts for pleading guilty definitely tail off the closer to trial date the defendant pleads guilty? Is there a guideline?

sashh · 20/04/2018 09:30

The sentencing was delayed by about 4 weeks, at the previous hearing the Judge said it 'crossed the threshold' for a prison term, but he needed to decide whether to suspend it or not.

Obviously there will have been report compiled for the judge in that time.

MullinerSpec · 20/04/2018 09:58

Nope the sentence justifies the crime.

Noqonterfy · 20/04/2018 10:01

He deserved it. What if he had done that to an adult. I can't imagine how that boy must have felt. The abuse of power is astonishing.

keepingbees · 20/04/2018 10:02

The story is sketchy with details so it's hard I know the circumstances, but if it was done without the child's permission I guess it was assault and it should be punished.

However what the real issue here is that someone can get 8 months for cutting someone's hair against their wishes, whilst paedophiles and people who truly wreck lives walk free.

TeasndToast · 20/04/2018 10:03

I think its appropriate. If it had been an adult then I’d say it’s excessive but that little kid had to sit there being mocked and humiliated by loads of adults and it would have taken him months to grow back.

Just because the justice system is so crap it lets off people for worse crimes just means other crimes should be punished with longer sentences, not that this one should have been reduced.

stitchglitched · 20/04/2018 10:07

I think it's appropriate. He abused and humiliated a child. Other sentences are too short.

Sparklyshoes16 · 20/04/2018 10:20

@prh47bridge sorry I can't find it it was back when I was at uni so around 2002 I remember it as there was a big campaign in the media for tougher sentences for this type of crime!

Of course I don't want anyone convicted on dodgy evidence or evidence tampering!! Yes you are right in this case the Police were in the wrong from what I can remember the wrong date had been written I can't remember for definite though I just remember a wrong detail on the evidence bag and because of this technicality he was let off...anyway I just think for this 'crime' the sentence is far too excessive when other serious crimes get less!

prh47bridge · 20/04/2018 11:20

Slightly off topic, but do the discounts for pleading guilty definitely tail off the closer to trial date the defendant pleads guilty? Is there a guideline?

Yes. If you admit guilt at the first stage of proceedings your sentence is reduced by one third. A later guilty plea will get a maximum of 25% reduction. If you plead guilty on the first day of the trial you will get a maximum of 10%. If you plead guilty after the trial has started the reduction may be even lower and there may not be any reduction at all.

The guidelines for guilty pleas can be found at www.sentencingcouncil.org.uk/wp-content/uploads/Reduction-in-Sentence-for-Guilty-plea-Definitive-Guide_FINAL_WEB.pdf

dayinlifeof · 20/04/2018 15:50

This case is ridiculous - hair grows back!

What if the child is a sikh who has kept growing his hair or a child who, heaven forbid, is growing their hair back after cancer treatment?

Still ridiculous?

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