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Is this fair justice
1980's I became involved with a group stealing telephones from a BT depot. This theft was going on before I was introduced to one of the gang members, who then provided me with a dozen or so phones on a irregular basis, which I then sold on One day a wholesaler I had been dealing with, Mr T, asked me where I was obtaining these items from, as he wanted a piece of the action as well. MR T had many outlets, being a wholesaler, it escalated. The inevitable happened, and the police duly knocked on front doors. Both Mr T and myself, along with the others employed within BT, were charged with conspiracy to steal, and appeared at Croydon Crown Court. I had the same barrister as two of the BT employees, one of which alledged I had threatened and coerced him into starting up this theft, the other chap supported my version of events that this was all in place before I arrived on the scene, as it was. We all plead guilty, and all received custodial sentences, mine being 21 months, except one person, Mr T's barrister produced, a letter from Lord B-----g, who was his grandfather, and after reading the contents, the Judge gave Mr T a suspended sentence. I was next on the list and my barrister said, "surely madam you cant be contemplating a custodial sentence for my client when you have just given the previous defendent a suspended sentence", her reply was immediate and she said, " I might have made a mistake with the previous defendent but I will not make one with your client". I lodged an appeal on length of sentence, and after seven months appeared at the appeal court and released My questions revolve around the fact that regarding the judges comments should my council have made stronger representation, as I feel that I was allocated Mr T's share of time, she, the judge, makes an exception with him after being presented with a letter, supposedly from a member of the gentry, surely that could be construed as perverting the course of justice.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Well you see, the Judge was right. She actually made a mistake with the previous defendant because in those days you had to find "exceptional" circumstances for a bender. Clearly she then paid no heed to parity in sentencing. Counsel was right to say what he did. Not much more you can say when you have made your point and the Judge ignores you. Clearly you appealed it, although it is not clear whether the CA said the correct sentence was 7 months, a suspended sentence or what. I imagine the bender given to the other chap was a decisive factor in the CA's mind though.
Unless the letter was read out in court, you cannot know what was said. Letters in mitigation (unless they tell untruths) are not perverting the course of justice. It was open to you to provide letters from your family/employer etc but as you have no idea what the letter said I am not sure you can take this further. In any event, after this length of time, there is actually nothing you can do.
So to answer your question, it was justice. It may have been rough justice, but hey you appealed it and got a result.
Unless the letter was read out in court, you cannot know what was said. Letters in mitigation (unless they tell untruths) are not perverting the course of justice. It was open to you to provide letters from your family/employer etc but as you have no idea what the letter said I am not sure you can take this further. In any event, after this length of time, there is actually nothing you can do.
So to answer your question, it was justice. It may have been rough justice, but hey you appealed it and got a result.
Thanks for that Barmaid, obviously you are not pulling pints in the " Wig and Pen ". Sorry I did not reply earlier but as you can see I became involved in a slanging match with another party. You can see the difference between answers given in an unbiased manner and those submitted by a barrack room lawyer. Anyway enough, I respect your views on the condition of the legal fraternity, however it is not my experience that corruption is contained to a minority, not that I have been charged with anything since my mistemena, but I have been subjected to a bit of police harassment on more than one occasion. My son was recently treated very badly by the legal system, but that is another story,and beggars belief. That old saying that the punishment fits the crime doesn't seem to apply any more, which to my mind is why the prison population is exploding in the UK, how on earth can it be justifiable to allow child molesters etc to walk free after little or no custodial and at the same time give white collar fraudsters a custodial. Surely the way to punish these types of offenders would be a financial and not a penal sentence