Over the next few days I’m going to recommend some good books for summer reading for anyone interested in the law, especially the criminal law.
The first is Sally Smith’s biography of Marshall Hall: “A law unto himself.” (Wildy, Simmonds & Hill £25, although available for a bit less on Amazon). Smith is a barrister, a very good one too, who since taking silk has specialised in medical cases, although she obviously knows her way around the criminal law too.
Her subject, Edward Marshall Hall – known to many simply as Marshall – was what we would now call a “celebrity:” a barrister whose oratory saved numerous men and women from the gallows. He was not always successful of course, and these days it is mainly the clients he failed to save that are remembered: George Joseph Smith, the “Brides in the Bath” murderer; and Seddon, who was said to have poisoned his lodger with arsenic in order to get his hands on her annuities. Continue reading “Sally Smith’s Biography of Marshall Hall is a wonderful read.”
Blackpool Magistrates recently came down hard on a Thornton rat-catcher.
Mark Seddon’s love life had had its ups and downs. During one of its downs his girl-friend left him. She took up with a man who Mr Seddon didn’t like.
Some pest control consultants might have resorted to violence, but Mr Seddon was more restrained. He turned to social media. He sent his ex a “Whats App” message setting out succinctly his opinion of the new man in her life:
1. I have been asked to advise those instructing urgently in relation to their client Helen Titchener, who has been arrested on suspicion of a serious crime of violence against her husband, Robert. At the time of writing matters are still a little unclear, but Mrs Titchener believes she has killed her husband by stabbing him with a kitchen knife. It seems likely, though not certain, that he will have been certified dead on arrival at Borchester Hospital. Those instructing expect to be representing Mrs Titchener in the police station where she is expected to be interviewed sometime after 19.00 hours this evening.
2. Because this advice is required so urgently I will not trouble those instructing with a detailed recital of what I have been told is the unhappy history of the Titcheners’ relationship. It suffices to say that in recent months their marriage had become increasingly strained and (at any rate as far as Mrs Titchener was concerned) unhappy. Mrs Titchener is heavily pregnant, and it seems that this has been used by Mr Titchener as a means of exerting ever increasing emotional control over her. Indeed, such had been the level of control that she had even, at times, begun to doubt her own sanity, and had recently sought treatment from a psychiatrist. Continue reading “Is Helen guilty of murdering Rob? My Advice”
The subject of costs in criminal cases is not, it must be admitted, a sexy one but it is important. The rules are often opaque and often misunderstood even by lawyers. Perhaps for this reason some of the grotesque injustices at the heart of the system are seldom given the attention that they deserve. Bear with me if you will, because even if the topic is not very exciting, it is important.
Martin Porter QC is a campaigner. He was in the news this week after he brought a private prosecution for dangerous driving against a man called Aslan Kayardi. The prosecution failed. Despite this the judge ordered that Mr Porter be awarded his costs from “central funds,” in other words from public money.
Last Friday he received a sentence of 10 months imprisonment suspended for 18 months. The sentence has been the subject of a great deal of criticism. A Change.org petition has been set up asking the Attorney-General to “review” the sentence. It currently has well-over 10,000 signatures.
Many online commentators have noted the fact that Mr Picard is an old Etonian, and that his father is a prominent American lawyer. Many have suggested that he has been treated leniently for these reasons.
In any contested drug case there is always a drugs “expert”. They are police officers who have worked on the drugs squad for a year or two and they have then generally completed an intensive course on the uses of controlled drugs in the United Kingdom. Thus qualified as expert witnesses, unlike ordinary witnesses they are allowed togive their opinions on drugs matters. They can say, for example, that such and such a quantity of drugs is, in their experience, inconsistent with personal use, or that scales, deal lists, cling film and small plastic bags are typical accoutrements of the drug dealer.
They will generally place a value on any drugs that have been found, and the more zealous ones take a pride in calculating the hundreds of thousands of pounds of profit that could theoretically be realised by cutting and selling any drugs found “at street level.” They almost always point out, in a rather snide way that you are likely to be short changed by drug dealers because “they are not known for their generosity” (an observation that in my experience holds equally true for police drugs experts). Despite the vast profits that are theoretically available, there is often a stark contrast between the miserable, sordid and poverty-stricken lives led by the drug-sozzled dealers that it is usually my lot to represent, and the vast sums of money that the police experts calculate they could be earning.
Part of the reason for that contrast no doubt comes down to the peculiar economics of drug dealing. Certainly there are vast profits to be made, but seldom – at least in my experience – by the dealers towards the bottom of the drugs pyramid. Whether that is because they are always in debt, because they smoke away their profits, or because, as happens surprisingly often, someone else simply nicks their stock, I don’t know. But in some cases they fail to make money, or at least to do so consistently, simply because they are very, very stupid.Continue reading “If you want to be sure of staying out of prison, don’t ask the judge to suck your d***”
It is a pretty safe bet that whenever Peter Bone MP opines on the criminal justice system he is wrong. He has voted to lower the abortion limit to 12 weeks, to retain the criminal offence of blasphemy and to reintroduce the death penalty (although not for blasphemy). One of his typical interventions last year was to sponsor a bill which would have forced judges to pass lengthy prison sentences even when they knew that it would be unjust to do so.
There has been widespread concern expressed at the 8 year prison sentence passed on Gayle Newland, the 25 year old Chester University student who was recently convicted of assaulting her sexual partner by penetration.
Just weeks later, female to male (but pre-op) transsexual, Kyran Lee, appeared before the Lincoln Crown Court and received a suspended sentence for assault by penetration. The judge’s relative leniency spared the Ministry of Justice the dilemma of deciding if he should be sent to a male or female prison.
There were many differences between the two cases, not least the fact that Newland had been convicted after a trial, whilst Lee pleaded guilty. Lee also faced only a single count.
Nevertheless, the different treatment afforded to the two defendants was striking, and it perhaps serves to emphasise the confusion that now surrounds the law relating to transsexual people and the criminal law.
From shortly after Newland was dragged to the cells, screaming “I’m scared!” press comment has been almost universally critical of HHJ Dutton’s sentence (even though he was faithfully following the Sentencing Guidelines). An entirely unscientific online poll by the Daily Telegraph found that 72% of respondents thought the sentence was too severe, and a similar poll for the Chester Chronicle produced nearly identical results.
As these things go, the allegations were not particularly serious. They involved unwanted “French” kissing, bottom and breast grabbing and the allegation that Mr Fox had put his hand up various skirts. The worst was perhaps an allegation that he had engaged in sexual activity with a 15 year old girl.
One of the more unusual aspects of the case is that Mr Fox chose to be tried in the Magistrates Court rather than in the Crown Court. This meant that the verdict would not be decided by a jury, but by a bench of magistrates or a (professional and legally qualified) District Judge. In fact, as things turned out he was tried by the Chief District Judge, Howard Riddle and a pair of lay magistrates. This is the Magistrates Court equivalent of a seven judge Court of Appeal. It is very unusual.