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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To Not Understand This Prison Sentence

73 replies

Paul2023 · 20/11/2023 00:18

This story below;

https://www.mirror.co.uk/news/uk-news/teenager-18-who-killed-pensioner-31467962.amp

Two years in a youth prison for killing an 82 year old pensioner?

The poor gentleman could have been our father or grandfather. All for challenging a group of youths behaviour.

Teenager, 18, who killed pensioner at bus stop with one punch sentenced

Omar Moumech, who was 16 at the time of the offence and now 18 years old, fatally battered elderly soldier Dennis Clarke 82, after an altercation in Derby Bus Station

https://www.mirror.co.uk/news/uk-news/teenager-18-who-killed-pensioner-31467962.amp

OP posts:
Sparklesocks · 20/11/2023 00:23

It’s awful, but unfortunately not uncommon for one punch killings to have lower sentences. The article also talks about the convicted’s childlike mentality and issues. Not saying it’s necessarily fair but looks like all of that factored into sentencing.

Ponoka7 · 20/11/2023 00:28

A judge has to consider if a custodial sentence once the child is an adult, would serve a purpose. As said there seems to be emotional, mental health and learning difficulties at play. On the face of it, it does seem lenient.

stonedaisy · 20/11/2023 00:34

I saw this and thought it was a ridiculous sentence. Hopefully it'll turn into an IPP sentence and he isn't released unless a parole board see some serious remorse and reform

GirrlCrush · 20/11/2023 00:36

@stonedaisy

How can it 'turn into an IPP sentence'

They are rightfully abolished....years ago

Luzina · 20/11/2023 00:36

IPP sentences were abolished in 2012

GirrlCrush · 20/11/2023 00:38

Prison wouldn't do that kid any good.

haribosmarties · 20/11/2023 00:40

Because its a child?

Yes a 16 year old is not a young child but it's still a child whose impulse control is not on the same level as an adult. There's also more scope for rehabilitating a child. Longer sentences for teens can end up being bad for society because the longer the sentence for a young person the higher the risk of reoffending. Justice has to look at what the best outcomes might be.. it can't just be an expression of anger and revenge.
Often kids who do this type of thing have been horrific lives and let down by caregivers. It's not an excuse but at 16 there's still time to get this child on the right track. This wasn't a planned murder, it wasn't even particularly violent.. there's an element to this that was accidental. This was one punch. Horrific yes but its never going to carry the same sentence as an actual planned murder even if the perpetrator was an adult.
It's incredibly sad this man died but baying for the blood of some mixed up kid isn't going to bring him back and actually as I've already said, they don't give kids long sentences unless really necessary, for good reason... because it leads to worse outcomes within society

LargeSquareRock · 20/11/2023 00:42

GirrlCrush · 20/11/2023 00:38

Prison wouldn't do that kid any good.

Three men are currently serving 19, 22 and 26 non-parole periods for the random home invasion murder of my elderly autistic uncle and does me so much good having them in prison.

INGoldtime · 20/11/2023 00:57

@LargeSquareRock how awful, I am sorry to read about your uncle.

GirrlCrush · 20/11/2023 01:56

@LargeSquareRock

Obviously it's different for adults

LargeSquareRock · 20/11/2023 02:04

GirrlCrush · 20/11/2023 01:56

@LargeSquareRock

Obviously it's different for adults

Why? The victim is dead either way. I don’t think prison will do the young adults who murdered my uncle any good either. They had awful lives- Fetal Alcohol Syndrome, all 3 grew up in violent homes full of sexual abuse and domestic violence, low iqs. But that’s not the point- the point is that custodial sentences can bring some comfort to the families of victims, knowing that the attackers can’t hurt anyone else for a long time. It shouldn’t solely be about whether prison will help the rehab of the perpetrators- there are other factors at play that matter.

ClareBlue · 20/11/2023 03:00

Exactly. There are punishment and deterant elements to sentencing. Not just rehabilitation.

myotherkidisacassowary · 20/11/2023 05:38

The judge will have received reports on the perpetrator which will have factored into sentencing.

The major factor here will be the fact that the perpetrator was assessed by a doctor as having the mental age of a 13 year old. That will have significantly impacted on his decision making ability and impulse control.

“One punch” manslaughter cases also often attract lower sentences because there is generally not an intention to kill (albeit there is reckless disregard for life).

This is a desperately sad situation and the family of that poor man will have to live with the trauma of his death forever. I feel terribly sorry for them all. It is usually the case that the sentencing of a crime like manslaughter feels inadequate to ‘compensate’ for the loss suffered, because justice and retribution are not identical aims, and we don’t try to achieve the latter in this country.

This sentence reflects what the judge, having access to all the relevant information and considering societal aims, feels is the most proportionate and fitting outcome for the perpetrator. It can’t, and isn’t intended to, be proportionate to the grief and loss resulting from the crime.

I hope this poor man’s family and friends can find some peace moving forward.

GirrlCrush · 20/11/2023 06:26

@myotherkidisacassowary I agree

As sad as it is.

Codies · 20/11/2023 20:36

Can anyone find the name of the judge?? He/she should be boycotted and forced out of a job!!!

GirrlCrush · 20/11/2023 21:07

The judge is working within the parameters of what the law allows! How odd you would think it to be otherwise

Flickersy · 20/11/2023 21:16

Codies · 20/11/2023 20:36

Can anyone find the name of the judge?? He/she should be boycotted and forced out of a job!!!

Don't be so bloody ridiculous.

The judge sentences within the law and has to take into account all factors. Even those you don't personally like.

GirrlCrush · 20/11/2023 21:37

Codies · 20/11/2023 20:36

Can anyone find the name of the judge?? He/she should be boycotted and forced out of a job!!!

Try reading the link maybe? It's all in there....

GuessItsANameChange · 20/11/2023 21:52

One-punch manslaughter cases are often just a few years, even for adults.

namechange1986 · 20/11/2023 21:55

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

myotherkidisacassowary · 20/11/2023 22:21

Codies · 20/11/2023 20:36

Can anyone find the name of the judge?? He/she should be boycotted and forced out of a job!!!

Don’t be so ignorant. He’s doing a difficult job and operating within the confines of the law. Imagine how quickly the justice system would fall apart if judges had to cater to the views of the lowest common denominator.

Paul2023 · 20/11/2023 22:53

But he’ll be out in two years , probably more violent and more dangerous than before. I bet he’s laughing about in prison now .

I worked in a prison for 18-25 years old some years ago so I’m not totally naive to prisons or the law.

That young man is a danger to the public and he’ll be dangerous once he’s released. But that’s the UK for you. The UK is becoming dangerous.

OP posts:
Boomboom22 · 20/11/2023 22:58

I really strongly disagree that having semh difficulties or even serious learning difficulties basically makes it ok to be violent.
We are sending this message ever younger, not providing sen education and support and the same excuses are said. Yes maybe he couldn't help but lash out but he killed an 82yr old by deliberately punching him. That's not so bad is it because he thinks like a 13 Yr old? How many 13 Yr olds go around punching people anyway? Very very few. And those that do fight each other not old men. At what point does danger to others outweigh one person's rights?

WillowCraft · 20/11/2023 22:59

Paul2023 · 20/11/2023 22:53

But he’ll be out in two years , probably more violent and more dangerous than before. I bet he’s laughing about in prison now .

I worked in a prison for 18-25 years old some years ago so I’m not totally naive to prisons or the law.

That young man is a danger to the public and he’ll be dangerous once he’s released. But that’s the UK for you. The UK is becoming dangerous.

The reason the UK is becoming dangerous (if it is) is lack of social support for troubled youngsters and families, not a lack of long prison sentences.

Most people in prison have had abusive or neglectful childhoods and suffer mental health issues. Doing more to help the most vulnerable in our society (rather than constant cuts to every service) will do far more to prevent these tragic cases than long prison sentences.

WillowCraft · 20/11/2023 23:02

Boomboom22 · 20/11/2023 22:58

I really strongly disagree that having semh difficulties or even serious learning difficulties basically makes it ok to be violent.
We are sending this message ever younger, not providing sen education and support and the same excuses are said. Yes maybe he couldn't help but lash out but he killed an 82yr old by deliberately punching him. That's not so bad is it because he thinks like a 13 Yr old? How many 13 Yr olds go around punching people anyway? Very very few. And those that do fight each other not old men. At what point does danger to others outweigh one person's rights?

It doesn't make it ok. However you have to consider a lot of factors in whether a long jail term would have any benefit.