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Is having children a good enough reason to escape a prison sentence?

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anotheoldgit | 11:09 Sat 28th May 2011 | News
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http://tinyurl.com/436mqru

This case has attracted much criticism from the public, both on TV and the radio, and yet on numerous occasions a similar ruling as been made on behalf of Mothers and hardly anyone has lifted an eyebrow.

Personally I cannot see why the mother (who apparently only cares for them at the weekends), cannot have the children while he serves out his sentence.
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He's a burglar with 5 children. She has 4 children...his sister has 7 children...the mother could also have other children...

Do they sound like the kind of people who think?
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/// But appeal judge Mr Justice Maddison warned: "It is important that criminals should not think that children can provide some sort of licence to commit criminal offences with impunity." ///

One should laugh at this if it wasn't so serious.

Here is a judge who lets off a criminal because he has children, and then says " criminals should not think that children can provide some sort of licence to commit criminal offences with impunity"

Surely this will now be a 'test case' which will set a precedent for any appeals lawyer in the future.
no it won't. The judge decided this particular case on the facts and warned that it didn't provide a precedent. Do pay attention.
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jno

Don't you dare tell me to pay attention, I know exactly what the Judge said, you in fact are only repeating what I have already posted.

And as I have already said no matter what that particular judge has said, this criminal has been released from a jail sentence purely on the grounds that he has kids and no one to look after them.

Therefore if any future similar case comes before the courts a precedent has been set, and nothing can alter that fact.
Yes, it would cost a lot more to keep the children in care, boxtops. And they could stay there permanently so giving them a better chance in life than living with a recidivist.

This case, once again, demonstrates the folly of the UK’s Human Rights Act and the way the European Convention on Human Rights (on which our own act is based) has been distorted to alarming lengths from the initial idea its architects had after WW2.

Despite your protestations, jno, and the judge’s remarks, AOG is spot-on. This case will set a precedent, and it will be cited by sharp barristers out to keep their clients out of the chokey. The HRA is deliberately vague and requires wide interpretation by judges. In making their judgements they rely heavily on their colleagues’ earlier judgements so as to demonstrate that they all sing from the same hymn sheet.

The HRA is becoming outrageously biased against victims and law abiding citizens. It has always been a charter for criminals, foreigners and those wishing to circumvent the law to which everybody else is subject. Events over the last few weeks involving “super-injunctions” and now this case show that it is becoming even more so and it is in urgent need of reform.
// The HRA has always been a charter for foreigners. //

Now you're making things up.

The Conservatives have pledged to cut the number of people sent to prison. And here is that pledge being put into action. Sentences will be shortwper or non existant as in this case.

It will save a bit of money closing prisons and sacking warders, so it must be right.
No, I’m not making anything up, Gromit.

By far and away the principle beneficiaries of the ECHR and the HRA in recent years have been foreigners (usually trying to remain in the UK as their Human Rights would be infringed if they were sent back to their country of origin), criminals (claiming, for example, that their HR would be invaded if they were not allowed access to pornography) and “travellers” (using HR legislation to bypass the planning regulations with which the rest of the population must comply). This was not what the architects of the Convention had in mind.

You never hear of UK citizens being granted their rights to lead a private life having been knifed by foreign thugs who are subsequently allowed to remain here; you don’t often hear of householders’ rights to a secure property being upheld when burglars such as the one in AOG’s article are released to burgle again; you do not hear of members of the “settled” community having their rights enforced when dozens of travellers illegally set up camp at the bottom of their garden.

Yes it seems the Coalition, to many people’s dismay, are not being tough on crime, but the number of people diverted from prison because of it are miniscule.But this latest manifestation of its idiocy demonstrates quite clearly that the perpetuation of the ridiculous Human Rights Act and our allegiance to the European Convention on Human Rights does nothing to help. As I said earlier, it needs urgent reform otherwise what little faith many people have left in the Criminal Justice System will be eroded and the country will become an even greater laughing stock.
Hoever NewJudge; if the children are put into care they're more likely to end up in prisons themselves.
His kids wouldn't have come to any harm during his sentence, he should have been made to do his time
Cameron cannot organise a repeal or review the HR act due to the Lib Dems support of it.
Sophie - and do you think they will end up as pillars of society with him as an example. And at least if he were in prison he wouldn't be able to father any more children, but there again he'd probably get conjugal rights.
But what kind of example is he to his children (or anyone else for that matter) ? That you can commit a crime without being punished for it as long as you have children to look after?
I just don't understand it :-(
Do you think he tells his kids he's going out robbing??
I'm not excusing his behaviour; burglary is a crime and he should be punished for it but it may have little bearing on his attributes as a father; he may be bringing his children up with very good morals.
I was absolutely appalled to read about that this smug man was getting away with his crimes again. Our judges have a lot to answer for, the newspaper reports of this and several other miscarriages of justice these past few days has almost reduced me to tears. What is the world coming to.
It is a terrible situation when children are taken into care. Surely the operative word is CARE. The father obviously does not care whether or not the children are taken away from him. The mother seemingly does not care.
Foster families do brilliant work. Care homes less.
Dad avoids prison because he has children. What message does that give to them?
Role model?

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