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Any Legal Eagles?
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By (user no longer on site) OP
over a year ago
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Just watching Police Intercepters and it's raised a question...
A bloke was sentenced to 13 years in prison for being part of a gang involved in TWO armed robberies. He brandished a gun in the face of a shop assistant and helped to steal approx £1700 of fags besides that no damage or causing injuries.
Yet a man with numourous counts of domestic violence still only gets a suspended sentence for his 8th charge...
How is it that right? Domestic Violence is far more damaging to it's victims. It seems so unfair. |
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Domestic violnce is fuck up, a freind has an 'order' of some sort to stop her ex returning into the home, this runs out in the summer, to get it extended she needs to pay a crazy amount of money which she cannot afford and does not get legal aid as the equity in the home is too great.
So she is having to divorce him which she wants to do anyway, but he has not given an address therefore the papers cannot be served... so come summer he can just walk into the family home and pick up where he left off...
The locks have been change and now has special ones you need a code to get a copy cut. Without details there was a hisory of abuse both physical and mental
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By (user no longer on site)
over a year ago
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"Just watching Police Intercepters and it's raised a question...
A bloke was sentenced to 13 years in prison for being part of a gang involved in TWO armed robberies. He brandished a gun in the face of a shop assistant and helped to steal approx £1700 of fags besides that no damage or causing injuries.
Yet a man with numourous counts of domestic violence still only gets a suspended sentence for his 8th charge...
How is it that right? Domestic Violence is far more damaging to it's victims. It seems so unfair. "
Very briefly, it would depend on the actual offences the abuser was charged with. For example assault without injury compared to GBH. Domestic violence is an aggravating factor for the offences charged.
A basic assault is likely to be tried at a magistrates court,who can only sentence to a maximum of 6 months imprisonment. Armed robbery will always be tried at Crown Court where much more severe sentencing options are available.
It would also depend on the previous convictions.
And to an extent the whims of the judge/magistrate. |
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By (user no longer on site) OP
over a year ago
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"Domestic violnce is fuck up, a freind has an 'order' of some sort to stop her ex returning into the home, this runs out in the summer, to get it extended she needs to pay a crazy amount of money which she cannot afford and does not get legal aid as the equity in the home is too great.
So she is having to divorce him which she wants to do anyway, but he has not given an address therefore the papers cannot be served... so come summer he can just walk into the family home and pick up where he left off...
The locks have been change and now has special ones you need a code to get a copy cut. Without details there was a hisory of abuse both physical and mental
"
I know all too well... The domestic abuser with 8 charges is my ex. He's constantly emotionally abused since I left and the Police won't do anything. My restraining order is up in April and there's a possibility it won't get extended because he's abided by it... Which of course he's going to do but without it, I know I'm going to be in trouble. |
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By (user no longer on site)
over a year ago
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"Domestic violnce is fuck up, a freind has an 'order' of some sort to stop her ex returning into the home, this runs out in the summer, to get it extended she needs to pay a crazy amount of money which she cannot afford and does not get legal aid as the equity in the home is too great.
So she is having to divorce him which she wants to do anyway, but he has not given an address therefore the papers cannot be served... so come summer he can just walk into the family home and pick up where he left off...
The locks have been change and now has special ones you need a code to get a copy cut. Without details there was a hisory of abuse both physical and mental
"
I would recommend your friend contacts NCDV. They provide help, advice and support to whoever needs it, regardless of finances. |
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By (user no longer on site)
over a year ago
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It’s appalling (imho). The tariffs are set out and used by a judge as a guide. The most galling thing for the victims and the families of the victims is that jail time is typically half the full sentence for many crimes, including sexual abuse. |
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By (user no longer on site) OP
over a year ago
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"Just watching Police Intercepters and it's raised a question...
A bloke was sentenced to 13 years in prison for being part of a gang involved in TWO armed robberies. He brandished a gun in the face of a shop assistant and helped to steal approx £1700 of fags besides that no damage or causing injuries.
Yet a man with numourous counts of domestic violence still only gets a suspended sentence for his 8th charge...
How is it that right? Domestic Violence is far more damaging to it's victims. It seems so unfair.
Very briefly, it would depend on the actual offences the abuser was charged with. For example assault without injury compared to GBH. Domestic violence is an aggravating factor for the offences charged.
A basic assault is likely to be tried at a magistrates court,who can only sentence to a maximum of 6 months imprisonment. Armed robbery will always be tried at Crown Court where much more severe sentencing options are available.
It would also depend on the previous convictions.
And to an extent the whims of the judge/magistrate."
Thank you for your answer, I knew someone on here would have a clue. |
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By (user no longer on site)
over a year ago
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"Just watching Police Intercepters and it's raised a question...
A bloke was sentenced to 13 years in prison for being part of a gang involved in TWO armed robberies. He brandished a gun in the face of a shop assistant and helped to steal approx £1700 of fags besides that no damage or causing injuries.
Yet a man with numourous counts of domestic violence still only gets a suspended sentence for his 8th charge...
How is it that right? Domestic Violence is far more damaging to it's victims. It seems so unfair.
Very briefly, it would depend on the actual offences the abuser was charged with. For example assault without injury compared to GBH. Domestic violence is an aggravating factor for the offences charged.
A basic assault is likely to be tried at a magistrates court,who can only sentence to a maximum of 6 months imprisonment. Armed robbery will always be tried at Crown Court where much more severe sentencing options are available.
It would also depend on the previous convictions.
And to an extent the whims of the judge/magistrate.
Thank you for your answer, I knew someone on here would have a clue. "
Welcome x |
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By *rder66Man
over a year ago
Tatooine |
The law is not equal in punishment and he got the long sentence for having a gun. This law was made after the Great Train Robbery in the 60's, if he not have used a gun he would have gotten a lesser sentance.
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc"
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really  |
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By (user no longer on site)
over a year ago
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really "
It is possible to prosecute without the support of a victim. Not easy, but possible. Depending on circumstances |
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By (user no longer on site) OP
over a year ago
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really "
Or the father of the abuser tries to pay off the victim to not press charges... |
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really "
when its your word against his, its really difficult |
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By (user no longer on site) OP
over a year ago
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
when its your word against his, its really difficult"
The ex with 8 charges of assault towards women is my ex. Even with his history there was nothing more severe than a suspended sentence and having to do courses which he did about 10 years ago and still abused a further 2 women after doing it. |
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By (user no longer on site)
over a year ago
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
Or the father of the abuser tries to pay off the victim to not press charges... "
Have you got any evidence that you can take to the police? Have you had any help from the local DV charity?
You can get half an hour free advice from many solicitors. X |
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By (user no longer on site)
over a year ago
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"Domestic violnce is fuck up, a freind has an 'order' of some sort to stop her ex returning into the home, this runs out in the summer, to get it extended she needs to pay a crazy amount of money which she cannot afford and does not get legal aid as the equity in the home is too great.
So she is having to divorce him which she wants to do anyway, but he has not given an address therefore the papers cannot be served... so come summer he can just walk into the family home and pick up where he left off...
The locks have been change and now has special ones you need a code to get a copy cut. Without details there was a hisory of abuse both physical and mental
"
Can WomensAid help with advice? Or the local police may have a DV officer who can help. X |
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By (user no longer on site)
over a year ago
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
when its your word against his, its really difficult
The ex with 8 charges of assault towards women is my ex. Even with his history there was nothing more severe than a suspended sentence and having to do courses which he did about 10 years ago and still abused a further 2 women after doing it. "
May I pm you? |
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By (user no longer on site) OP
over a year ago
|
"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
Or the father of the abuser tries to pay off the victim to not press charges...
Have you got any evidence that you can take to the police? Have you had any help from the local DV charity?
You can get half an hour free advice from many solicitors. X "
I've done everything and gotten no where. The law surrounding Domestic Violence/Abuse is just shoddy and isn't strong enough to protect victims. |
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By (user no longer on site) OP
over a year ago
|
"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
when its your word against his, its really difficult
The ex with 8 charges of assault towards women is my ex. Even with his history there was nothing more severe than a suspended sentence and having to do courses which he did about 10 years ago and still abused a further 2 women after doing it.
May I pm you?"
Yes, please feel free. |
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By (user no longer on site)
over a year ago
|
"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
when its your word against his, its really difficult
The ex with 8 charges of assault towards women is my ex. Even with his history there was nothing more severe than a suspended sentence and having to do courses which he did about 10 years ago and still abused a further 2 women after doing it.
May I pm you?
Yes, please feel free. "
Actually ... filters!
Drop me a message if you want x |
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"Loads of different reasons
Precedent,sentencing guidlines, plea deal, mitigating circumstances, quality of defence lawyer and CPS etc
And in some abusive situations, the lady drops the charges, possibly for fear of repercussions, which is very sad really
when its your word against his, its really difficult
The ex with 8 charges of assault towards women is my ex. Even with his history there was nothing more severe than a suspended sentence and having to do courses which he did about 10 years ago and still abused a further 2 women after doing it. "
Exactly my point, proof for a thief is usually caught on cctv, but domestic abuse generally happens inside the partner's property. "Oh, she was dr*nk and banged her head against the wall several times M'Lud"  |
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A lot of domestic abuse cases get dropped I’m guessing mostly from fear of the abuser and it continues to be a vicious circle.
It’ll also be their word against the abuser and no concrete evidence to do anything about it as most of it happens behind closed doors.
Where as a shop thief is more likely to have evidence of the crime, witnesses and CCTV |
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By (user no longer on site)
over a year ago
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"A lot of domestic abuse cases get dropped I’m guessing mostly from fear of the abuser and it continues to be a vicious circle.
It’ll also be their word against the abuser and no concrete evidence to do anything about it as most of it happens behind closed doors.
Where as a shop thief is more likely to have evidence of the crime, witnesses and CCTV "
The problem with living in a democracy is the evidence issue. To prove a case in court it has to be proven beyond ALL reasonable doubt.
In the case quoteecabove it would seem the evidence was there as the court convicted. The issue is the apparent leniency |
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"Guns.... it probably all comes down to brandishing a gun ..."
Didn't Kurt Cobain write in one of his lyrics "I swear that I don't have a gun", then proceeded to blow his own brains out a couple of years later.
Obviously not in the same context as the OP intended, but people can change due to circumstances I suppose, and not all for the good |
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