Friday 26 August 2011

(1) The August Disorder - more sentencing .... (2) A seriously disturbing family case

Disorder - sentencing:

Sentencing remarks by His Honour Judge Milmo QC for the case of R v Ahmed Pelle at the Crown Court Nottingham are now available.  Pelle pleaded guilty to incitement of violent disorder.  Amongst other things he put on Facebook the remark - "Kill one black youth; we'll kill a million Fedz: riot until we own the cities."  Judge Milmo's remarks are a concise model of a sentencing announcement which meets the various legal requirements - please see earlier Law and Lawyers post "Recent Disorder: Bail and Sentencing."  Allowing for his guilty plea, Pelle was sentenced to 2 years and 9 months imprisonment.

Further sentences - imposed at Inner London Crown Court by His Honour Judge Chapple - are available and the sentencing appears to be in line with those being imposed at other Crown Court locations.  See R v Alagago, Patel and Khanom.  

Crimeline also has links to other sentences arising from the disorder.

These include R v Fitzpatrick - (aged 18) - sentenced to 2 years and 4 months in a Young Offenders Institution for 3 counts of burglary and 1 count of handling stolen goods.  Also, R v Marley, King, Millers, Fernandes and Ieta sentenced at the Crown Court Manchester.  His Honour Judge Henshall stated - "The five defendants before this court today clearly felt that they were able to do as they pleased because of their perception of there being strength in numbers. No doubt they felt secure amongst a large crowd of which each member in turn felt similar strength and encouragement from those around.  This is why offences such as these fall outside what might be described as the normal context of criminality for offences of dishonesty ....."

Pre-sentence reports:   In his sentencing remarks in R v Pelle, Judge Milmo said - "
I see no reason why Pre Sentence Reports should not be called for in these cases: it is clear that in Manchester both Judge Gilbart and Judge Atherton had PSR’s in all the cases in which they recently sentenced. I have made local arrangements for their preparation on the morning of the hearing if no report has been prepared previously. But I would invite Justices and District Judges
committing for sentence to direct their preparation: that will ease the burden on Crown Court Reporting Officers."

Pre-sentence reports are the subject of Criminal Justice Act 2003 s.156.

A disturbing family case

A mother - (of a child who may only be known as X) - manufactured allegations of sexual abuse of X by Mr David Tune - see Telegraph 26th August 2011.   The courts have decided that these serious allegations are untrue.  Lord Justice Wall decided that the mother could be named - she is Victoria Haigh.  Also, the man - David Tune - could be named so that it could be made clear that he was NOT a paedophile.  The case also involved an investigator - Elizabeth Watson - who has been sentenced to 9 months imprisonment for contempt of court in that she breached a court order preventing reporting of the case.

An excellent and thought-provoking post on this matter is on the Marilyn Stowe blog.  It is an excellent analysis: grounded in the writer's actual and extensive experience as a practising family lawyer.  Another post is on the UK Human Rights blog by barrister Adam Wagner - "President of the Family Division's press release on paedophile allegations case."  Barrister Carl Gardner also takes a look at the case and, in particular, the involvement of Mr John Hemming MP - see "John Hemming MP, Vicky Haigh and her supporters."  A further excellent post on the case is on the Inforrm's blog - "News: Hemming MP's "super-injunction victim" named as sex abuse fabricator."

"Birmingham MP John Hemming silenced in Commons for defying injunctions" - Birmingham Post 27th April 2011

Addendum 5th September

Judgments released in Doncaster MBC v Haigh - the Hemming injunction case - Inforrm blog

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