actual bodily harm?

[Goldfishjane]

hi all
Is this the type of thing where we can ask for the sentence to be reviewed?
www.telegraph.co.uk/news/2017/03/27/judge-says-wife-forced-drink-bleach-not-vulnerable-has-friends/

I mean, you hit someone with a cricket bat....?!

If it has been correctly reported it is truly astonishing.

I'm so angry about this. Why was it not attempted murder? The judge is a disgrace

one thing I don't get - amongst many! - is this business about being classed as vulnerable. You hit someone with a fucking cricket bat - perceived vulnerability has nothing to do with it.

I wonder what would have happened if he'd hit a man with a cricket bat.

Just seen this so hopefully the AG will review but also the judge should be disbarred.
www.theguardian.com/society/2017/mar/27/attorney-general-urged-to-review-release-of-wife-beating-cricketer?CMP=share_btn_tw

Utterly shocking. I hope the Guardian article is right and that this judge's remarks will be looked into, as well as the sentence.

"This court will not tolerate violence in a relationship of this nature. It is a very fine line between imprisonment and a suspended sentence."

No it fucking isn't!

Datun, are you a lawyer - I was wondering about the fine line he mentions?

I still keep going back to "hit someone with cricket bat - don't go to jail".

It's just so many kinds of WTF.

This is grotesque. So glad they are going to look at it.

And I understand that the case may be sent back for re-sentencing, as it would appear that the defendant mis-led the judge about his potential county cricket contract. So he could still face a jail sentence

Why the hell a possible sports contract should make a bloody difference anyway! What's that got to do with anything? Surely the response to the defence raising that as a plea for a lighter sentence should be "well you should have thought about that before you committed ABH, that's your problem not mine".

So if a man wants to abuse his wife, beat her with a cricket bat and make her drink bleach, he can avoid a jail term as long as he has a big, important or high profile job.

Id be glad to see him put away but that should have no connection to a contract.
I wonder what the sentencing guidelines are for this type of thing.

This from the The Secret Barrister gives information about sentencing guidelines but also warns agains jumping to conclusions based only on a local journalist's report of the case.

Snap fairy, was just going to post that too! I think I read it to say that judge was more mentioning vulnerable thing in passing but seems to have accepted it was sustained and/or repeated, with serious injury, BUT for some reasons suspended the sentence. Maybe the bloody stupid cricket nonsense - as if that should make any bl**dy difference! However as it appears to have been made up by the defendant, he may yet be sent down. For the least relevant part of the whole case IMO

But what a mess. Totally trivialising the sustained and vicious attacks, and what looks very like coercion and control from here. Idiot judge.

Thanks Fairy
I will have a look at that tomorrow

More on crap sentencing for domestic abuse.
Where it is tried solely as one off cases of actual bodily harm (ABH) without any aggravating features, it appears that sentencing is limited and inadequate.

The judge's reported comments in the Bashir case, that the victim was not vulnerable as she was “an intelligent woman with a network of friends” and a college degree are appalling (assuming they are accurately reported) and suggest he has no understanding of domestic abuse or coercive control.

The good news for the victim is that she is now separated from Bashir - though he does have a new partner.

She has also probably been left with permanent damage from the bleach. (i hope not . I found out several years ago that it was a suicide method of a distantly related ancestor.)

This is horrific.

^the victim was not vulnerable as she was “an intelligent woman with a network of friends” and a college degree&

I don't understand where this comes from. Even if it's true that she's got friends and an education, how does it protect you if you live with someone who's prepared to beat you with a cricket bat and make you drink bleach? It makes no sense.

I remember when my friend was in court, witness against her husband who had assaulted her. The CPS said they were glad she agreed to go through with it, because middle class, educated professional women often don't, because they don't fit the stereotypical "battered wife" image, and feel ashamed, because they feel they should have known better. My friend has a good degree and network of friends. So do many other women in abusive relationships. It doesn't mean you're not vulnerable, and while a member of the public (who doesn't read MN) may not realise that, you'd think that people in the legal system who will have to deal with such cases might have an inkling.

Does anyone know if any women's group or other charity has a petition on this, please?

Online Petition

Thank you Chaotica. Signed.

Thanks, I've signed too.

and me!

I wonder why the petitioner thinks the DPP doesn't take DV seriously ? Perhaps the Lord Chief Justice would have been a more obvious choice if she had concerns about sentencing.

Signed

Thank you for that SecretBarrister link, fairyflaps - very illuminating! I can see what s/he is saying about the wife being not extra vulnerable (according to the guidelines).

I'd been wondering why Bashir wasn't also charged with coercive control and his two (reported) instances of physical assault weren't aggravated therefore. But presumably this all occurred before the new laws were in force? (When was that, spring 2015, I think?)

I like that the Secret Barrister reckons Bashir is going to have another day in court. >pulls up lawnchair

Having read the SB I kind of get it now. The judge was running through the list of possible aggravating factors to see whether they were present or absent. If the victim had been his frail eighty year old mother (or in this case a stereotypical non-English speaking imported wife with no local support network whatsoever) then that would have made this appalling crime even worse.

Still seems undersentenced. Assault occasioning ABH usually covers far less serious and complex offences and was, as the SB says, a generous choice of charge from the CPS. And I find it very hard to imagine sending this guy on a course on how not to be an abusive POS will help. This is not a crime of ignorance. A tattoo on his forehead marked "Women, stay well away, I'm an abusive POS" would serve to protect the public whilst being much cheaper.

The Sentencing Council is holding a consultation on the sentencing of domestic abuse.

Draft guidelines and consultation here

As pointed out, the judge in the Bashir case was applying the sentencing guidelines. So this is an opportunity to say what you think of the proposed draft guidelines. It also includes proposed draft guidelines for stalking and harassment, disclosing private sexual images, coercive and controlling behaviour.