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Feminism: chat

Horrified by this judgement

33 replies

GaryLurcher19 · 31/05/2024 01:01

I'm staggered by this judgement. If it is as reported, it's a shame on our justice system.

I'm not even sure what I'm posting this for except reassurance that I'm not alone in thinking it's an egregious failure.

I'm planning to request an Unduly Lenient Sentence Review first thing tomorrow.

I have never had high expectations of UK Justice systems when it comes to murdered women, but this is something else.

Does anyone know if it's possible to get transcript of the judgement, please? And if so how to? I just can't let this lie.

https://www.manchestereveningnews.co.uk/news/grandad-costa-wife-strangle-jail-29227685

Grandad who strangled wife before going to Costa jailed for six years

"I broke every rule in I believed in as a human being. I’d taken a life. I had no right to do it."

https://www.manchestereveningnews.co.uk/news/grandad-costa-wife-strangle-jail-29227685

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Theunamedcat · 31/05/2024 16:57

It's the narrative changing speech given to justify the sentence that gets me "I'm sure your children didn't see that" daughter of a family with extreme domestic violence I can assure you I fucking saw and heard everything it came across as "its the victims fault but we have to be seen to punish you because you know, you did actually kill her" 🤮

sawdustformypony · 31/05/2024 17:15

@popebishop Thanks. It's a fascinating question (as a lay person), what makes killing someone less bad? At what point are you less responsible for a fairly predictable outcome of your actions?

I think part of the problem maybe having two separate offences, murder and manslaughter. When someone is convicted of murder, there is only one sentence the court can impose, that of life imprisonment. (although, those convicted in the UK don't stay in prison for life, as they are often released 'on licence' - if they breach the terms of the licence, they can be returned to custody) Also murderers are given 'tariffs', which I think (I don't really know) determines the minimum number of years they must spend in prison before release on licence becomes an option. But with manslaughter, there is a more workable range of sentences available to fit the facts of the crime. Maybe merging the two offences into one and having a more flexible approach to sentencing might be a way forward.

GaryLurcher19 · 31/05/2024 22:04

Theunamedcat · 31/05/2024 16:57

It's the narrative changing speech given to justify the sentence that gets me "I'm sure your children didn't see that" daughter of a family with extreme domestic violence I can assure you I fucking saw and heard everything it came across as "its the victims fault but we have to be seen to punish you because you know, you did actually kill her" 🤮

Sorry to hear that Theunamedcat. It is impossible that the children were unaffected by the violence. They are always affected in a number of ways.

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popebishop · 01/06/2024 09:32

sawdustformypony · 31/05/2024 17:15

@popebishop Thanks. It's a fascinating question (as a lay person), what makes killing someone less bad? At what point are you less responsible for a fairly predictable outcome of your actions?

I think part of the problem maybe having two separate offences, murder and manslaughter. When someone is convicted of murder, there is only one sentence the court can impose, that of life imprisonment. (although, those convicted in the UK don't stay in prison for life, as they are often released 'on licence' - if they breach the terms of the licence, they can be returned to custody) Also murderers are given 'tariffs', which I think (I don't really know) determines the minimum number of years they must spend in prison before release on licence becomes an option. But with manslaughter, there is a more workable range of sentences available to fit the facts of the crime. Maybe merging the two offences into one and having a more flexible approach to sentencing might be a way forward.

I don't think I'd advocate for that, it was more a rhetorical question! Self-defence shouldn't be murder and I'm sure lots of other situations. I just don't really know much about 'loss of control' and if it is an actual physiological state. I am dubious.

Anyway. Another awful relationship where one person decided the only way out was to end a life.

VinnieVanDog · 01/06/2024 10:06

I'm dubious too @popebishop This case, where the 'loss of control' defence was used, has always haunted me. Incredibly the judge agreed with the defence of being 'belittled' over time had contributed. 7 years for a savage prolonged murder, so often women are made worthless in court.

https://www.bbc.co.uk/news/uk-england-somerset-21894015

Paul Keene jailed for fiancee manslaughter

A man cleared of murdering the mother of his newborn child in Bath is jailed for seven years for her manslaughter.

https://www.bbc.co.uk/news/uk-england-somerset-21894015

popebishop · 01/06/2024 12:55

"Being unpleasant, or making choices that someone doesn't like, may cause a person to literally be unable to stop themselves killing you at some point in the future" should not be the basis of any legal verdict.

SqueakyDinosaur · 17/06/2024 17:07

I was a member of the jury in a murder trial, and the loss of control question was presented to us as "would this person have done the exact same thing if a policeman had been standing there?" If not, then it's not "loss of control" because in that case, they would be able to control themself.

GaryLurcher19 · 17/06/2024 22:29

That sounds similar to something my dad once said to me about domestic abusers. "they'd never do it to their boss" Ergo, no control was lost. If anything, control was being taken.

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