Another Judge Gets Sentence Wrong For Workman

[Rtaxron]

A Tragedy, No ifs & Buts about it, but a prison sentence for somebody doing a job of work, which wasn't checked, by a senior employee of his company, who only received a £12,000 fine.

Some people don'|t get that for for murder, or attempted murder these days, so once again the judges get it all wrong, or he was unlucky his trial was held where it was, as it might have been a different outcome.

.
http://www.dailymail.co.uk/news/article-5034753/Workman-jailed-faulty-gate-killed-grandmother.html#newcomment

[ummmm]

Some people don't get 3.5 years for murder? Are you sure about that?

Shoddy workmanship killed a woman. Do you think it should go unpunished?

[fiction-factory]

In what way did he get it wrong, Trt? Three and a half years . " A jury found Churchyard guilty of manslaughter by gross negligence after he fitted the gate"
Did the judge not follow the sentencing guidelines?

[naomi24]

In this case I can't see what purpose a prison sentence serves.

[fiction-factory]

Same as other prison sentences- combination of punishment/retribution, preventing further offences by keeping off the streets and deterrent to others?

[naomi24]

Mmmm .....

[wolf63]

There is no way that he physically put the gates up himself.

It's a strange one - there was no intent to harm but his/their carelessness caused the ladies death.

[Mamyalynne]

//Enquiries revealed that Churchyard had visited Jill’s home and surveyed the site. He had agreed with her and her family that the gate would be an electric metal sliding gate for the driveway, to maximize the car parking area at the front of the house. However, he did not leave an instruction book or operating manual for the gate with the family.

When the gate failed for the first time on 22 March 2013, it had to be opened manually and when Churchyard visited a few days later he told the family there was a problem with the optical electronic safety devices and he re-aligned them. The gates then failed again on the day of her death.

When questioned by officers following Jill’s death, Churchyard claimed that when he had first fitted the gates he had also fitted a stop/bracket to the rail to prevent the gate falling off it. He further claimed that the family had questioned the requirement for the stop and accused them of removing one he had fitted. Investigators could not find any evidence to support Churchyard’s claims of either the stop being part of the gate or that the family had ever discussed this with him. Churchyard’s failure to fit the stop meant he breached his duty of care to the family and this breach of duty caused Jill’s death.//

Source

http://www.heart.co.uk/eastanglia/news/local/man-jailed-womans-death-from-faulty-electric-gate/

[sunny-dave]

But he's a prole and therefore must Go Directly To Jail.

Now ... if he was about to go to Oxford to study to be a Doctor ...

[Mamyalynne]

I doubt lying and trying to blame the family did his case much good.

[Peter Pedant]

google mairder and manslaughter
at this level - manlaughter is lack of intention to hurt
( but should have seen it )
in this case should have foreseen that installing the gate so badly that it fell on someone it would kill them

the senior partner was acquitted because he didnt know anything about it - simples - it is how the law works in this country

whole load of cases on this theme - Caldwell, Lawrence, Adomako, Zeebruigge all spring to mind
I can give the refs but it is
far m,ore fun to sit in front of a screen and blart innit ?

[sunny-dave]

I think a better solicitor/barrister would have told him to keep his gob shut and found a whole heap of mitigating circumstances.

I'm not saying whether (or not) he deserved to go to prison - I don't have enough information to make even an uninformed guess - simply that money/influence/education/class would have kept him out of jail.

[Mamyalynne]

I can't/won't comment on the sentence either, the Court had the facts and his previous - whether it's fair or just is not for me to guess.

[Peter Pedant]

// But he's a prole and therefore must Go Directly To Jail.
Now ... if he was about to go to Oxford to study to be a Doctor ...//

nope but I dont blame you for trying
doctors get convicted of manslaughter by gross negligence
and the medical directors get off scot free by saying
" I knew nothing of this "

[mikey4444]

I have never heard of a murderer getting less than 3.5 years. With respect Rtaxron, this post is pants.

[New Judge]

And I'm afraid that blaming supervision (or lack of it) did not cut it with the judge:

"You do not need to be trained for it to be blindingly obvious that if you do not put a stop on the gate, it is going to be extremely dangerous."

Tradesmen are in a position to cause injury or death by their actions (or inactions). They need to be aware that if either results from their workmanship they may go to jail.

[jno]

you don't need to intend harm, wolf, it was manslaughter by gross negligence, and that sounds like a fair description.

[Rtaxron]

## Some people don't get 3.5 years for murder? Are you sure about that? ##

Well Ummmm, this woman only got 18 months more today, 5 years.

http://www.dailymail.co.uk/news/article-5035999/Woman-jailed-five-years-pushing-man-tram.html

[fiction-factory]

That was manslaughter as well though, not murder, TRT.

[Mamyalynne]

^ Manslaughter.

[EDDIE51]

Rtaxron Yes that was manslaughter it is only murder that has a compulsory life sentence. You need to check facts right before posting.
Manslaughter and attempted murder have a maximum of life but ONLY murder has a compulsory life sentence.