Sentencing

first_img Attorney General’s Reference (No 64 of 2011); R v Crawford: Court of Appeal, Criminal Division (Lords Justice Pitchford, Wilkie and Mr Justice Holroyde (judgment delivered extempore)): 14 September 2011 The offender, aged 19, then aged 18, lived, with his mother on an estate in Hammersmith, West London, that was known for drug dealing and anti-social behaviour. During the early hours of Wednesday 27 April 2011, the victim, a restaurant manager, had left work and was making his way home on foot. The street was quiet. As he was crossing the road, the offender, dressed in a black hooded top with the hood up, and black baggy trousers, approached him and took hold of his shoulder bag. The offender pointed a kitchen knife with a serrated edge at the victim. The victim attempted to pull away and he moved into the road. The offender made some jabbing motions with the knife in an apparent attempt to stab the victim to the side of his body. The victim fell to the ground and the offender removed his bag from his shoulder and made off. A member of the public witnessed the robbery and called the police, who arrived shortly thereafter. The offender was arrested near to the scene and he was found to be in possession of the knife and the victim’s bag. The offender, who had no previous convictions, was arrested. He immediately made admissions to the offence and he also did so in interview with the police. He contended that he had been returning from a friend’s home, that he had found the knife on the ground in the market area, and that he had picked it up and formed the intention to rob someone as he had needed money. The offender had a previous caution for possession of crack cocaine and cannabis. It was submitted at the sentencing hearing that the offence was a level two offence for which the recommended starting point was four years’ custody, with a range of between two and seven years’ imprisonment. A pre-sentence report noted that the offender had become involved in drug dealing for financial reasons. It assessed him as presenting a high risk of harm to the public and noted that the instant offence represented an escalation in the seriousness of his offending. The pre-sentence report recognised that the guidelines of the Sentencing Guidelines Council recommended a custodial sentence but it stated that the court might wish to consider the highly exceptional course of suspending the sentence in the light of the mitigating factors, which included: (i) the plea of guilty; (ii) the offender’s lack of intent to excuse his behaviour; (iii) his regret and remorse for committing the offence; (iv) his lack of previous conviction; (v) his relatively young age; and (vi) his developing maturity, including the fact that he had enrolled on an NVQ course on motor vehicle maintenance repair. In addition to the mitigating factors highlighted by the author of the pre-sentence report, was the offender’s obvious frankness in interview with the police and with the probation officer. The aggravating factors were: (i) that the offence had been committed at night, in an apparently deserted area; and (ii) the persistence with which the offender had waved the knife at the victim, causing the victim to believe he would be stabbed. The offender’s behaviour was of concern to his mother and the sentencing court had sight of her letter expressing that concern and her support of the offender’s efforts to reform his life. In the event, the judge accepted the offender’s explanation of how he had come by the knife in question and, having taken account of all aggravating and mitigating factors and of the guidelines, he sentenced the offender to 12 months’ imprisonment, suspended for two years, with a supervision requirement and an order that the offender do 200 hours of unpaid work. The attorney general sought leave, pursuant to section 36 of the Criminal Justice Act 1988, to refer the sentence to the Court of Appeal, Criminal Division, as unduly lenient. Leave was granted. There was evidence before the Court of Appeal that the offender, who attended the appeal hearing in person, had attended appointments as ordered for some eight weeks, that he had completed some 65 hours of unpaid work, that he was imminently expecting a baby with his girlfriend, and that he had not committed further offences. The attorney general submitted that the sentence was unduly lenient and fell outside the appropriate sentencing range for the instant type of offences. The court ruled: In the instant case, taking all factors into account, there had been no justification for the judge adopting a starting point of less that three years’ detention in a young offenders institution. The offender was entitled to a discount of 12 months in the light of his guilty plea. Accordingly, the appropriate sentence was one of two years’ detention. It followed that the sentence of 12 months’ imprisonment imposed upon the offender was unduly lenient. Nevertheless, the Court of Appeal was required to make a judgment as to what was the appropriate sentence against a backdrop where the offender had responded well to the suspended sentence order and where he appeared to have turned a corner. He had appeared in court to listen to the appeal and to what he had to have realised was his probable fate, namely to return him to custody for a period of about 18 months’ detention in a young offenders institution. However, the question for the court was whether its duty to the public required it to take the course in wholly exceptional circumstances, given the pre-sentence report and the court’s conviction that to send the offender to custody now would snuff out the chances that his rehabilitation would be completed. In all the circumstances, it was not in the interests of justice to return the offender to custody. In the exercise of the court’s discretion, the court declared that the suspended sentence was unduly lenient but the suspended sentence would not be quashed. R v Macpherson [2009] EWCA Crim 1285 considered. Non-custodial sentence – Suspended sentencecenter_img Samantha Yelland, solicitor advocate (instructed by Farrell Matthews & Weir) for the offender. Alison Morgan (instructed by the Treasury Solicitor) for the attorney general.last_img read more

KTM Malaysia Launches 2018 KTM 200 Duke at KTM Orange Carnival

first_imgIt also opened the eyes of enthusiasts to KTM’s “Ready to Race” philosophy. ABSN/A SEAT HEIGHT810 mm The 2018 KTM 200 Duke features updated graphics and looks. STEERING HEAD ANGLE25o REAR BRAKESingle-piston floating caliper, ø 230 mm brake disc CHASSIS POWER26 hp (19kW) @ 10,000 RPM FUEL TANK CAPACITY11 litres BORE x STROKE72 mm x 49 mm TIRES FRONT/REAR110/70 ZR-17; 150/60 ZR-17 TORQUE19.5 Nm @ 8,000 RPM 2018 KTM 200 DUKE REAR SUSPENSIONWP Monoshock ENGINE TYPESingle-cylinder, 4-stroke, liquid-cooled TRANSMISSION6 gears ENGINEcenter_img FRAMEPowdercoated steel trellis FRONT SUSPENSIONWP upside down ø 43 mm forks The KTM 200 Duke introduced the bantam-weight and affordable streetfighter motorcycle to Malaysia. CLUTCHMultiple-plate wet clutch, cable-operated 2018 KTM 200 Duke FUEL SYSTEMBosch EMS TRAIL95 mm COMPRESSION RATIO11.5:1 WHEEL BASE1,367 mm DISPLACEMENT199.5 cc KTM Malaysia has launched the new 2018 KTM 200 Duke at the KTM Malaysia Orange Carnival in Johor over the weekend.Enthusiasts could fondly recall that it was the 200 Duke which single-handedly popularized the 200cc naked sportbike market back in 2013. In fact, it was the motorcycle which brought the affordable streetfighter to not only in Malaysia but the world. Being light and agile, it’s friendly to beginners yet entertaining enough for veteran riders during rush hour commute and over narrow mountain roads.Additionally, it was the KTM motorcycle which introduced the company’s “Ready to Race” philosophy to Malaysian bikers.The KTM Duke 200 was then supplanted by the Duke 390 and Duke 250 later on, apart from the full-fairing and race ready RC200, RC390 and RC250 in that order, but its spirit of a lightweight fun bike has never been phased out.There are still thousands of them on our local roads and you could always count on meeting on during your daily commute or weekend rides.It is due to these facts that KTM Malaysia has launched the 2018 Duke 200.While mechanically the same (why change something when it’s not broken), the bike has been refreshed with new looks. The customary KTM orange paintjob has additional streaks, while a new white colour scheme has been added. Both colour schemes feature orange anodized wheels.2018 KTM 200 Duke in whiteThe 2018 KTM Duke 200 is priced at RM 11,888 (basic selling price with 0% GST).Stay tuned for the next KTM Malaysia Orange Carnival to view the bike or please follow KTM Malaysia’s official Facebook page for more information. SUSPENSION TRAVEL FRONT/REAR150mm / 150 mm –Ads– DRY WEIGHT134 kg FRONT BRAKESingle radially-mounted 4-piston caliper, ø 300 mm disclast_img read more

Real beat Alaves and is getting closer to the title

first_imgReal Madrid came close to the title in Spain after beating Deportivo Alaves 2-0 in a match of the 35th round of La Liga, played at the Alfredo di Stefano Stadium.Coach Zinedine Zidane’s players took the lead early, early in the match, after Karaim Benzema (12 ‘) was accurate from a penalty. This is the fourth penalty kick for the “white ballet” since the resumption of the championship. In the second half Marco Asensio (51 ‘) doubled the lead for the hosts and shaped the final result.Thus, Real continues to be at the top with 80 points, 4 more than the bloody enemy Barcelona in the remaining three rounds until the end of the season. Alaves is in 17th place with 35 points.The match started great for the guests, who could have shocked the Real players in the third minute. Joselu managed to intercept with his head a cross deep into the penalty area, but sent the ball directly to the crossbar.In the 11th minute Himo Navarro played illegally on the penalty line and tripped Ferlan Mendy. Judge Jesus Himo Navarro did not hesitate to point to the white dot. Karim Benzema took responsibility and made no mistake.In the 14th minute Tony Kroos found himself with the ball just before the penalty area. The footballer fired a powerful shot, but the ball went just over the crossbar.In the 26th minute Oliver Burke received a cunning pass and without thinking, pulled the trigger. The ball was aimed at the bottom right corner, but Thibaut Courtois made a great save.In the next minutes, the hosts controlled what was happening on the field, but failed to break through the well-organized defense of Alaves. Thus, the first half ended without more goals.The second half started in a great way for the hosts, who in the 51st minute managed to double their lead. Karim Benzema was brought out beautifully behind Alaves’ defense. The Frenchman advanced and released parallel to Marco Asensio, who had the easy task of directing the ball from a comfortable position. The goal was first canceled due to an ambush, but Judge Manzano consulted with VAR and scored a goal.In the 58th minute, the ubiquitous Benzema received a cunning pass and fired a direct shot about a meter from the penalty line. The ball flew to the right corner, but Roberto Jimenez reacted brilliantly. Shortly afterwards, Modric centered dangerously, but Rodrigo missed inches by intercepting with his head on an empty door.Three minutes later, the guests could return a goal. Joselu received the ball in the penalty area and struck a powerful blow to the door. Thibaut Courtois, however, was careful and saved.In the following times, the “white ballet” several times missed the classic result in the match, after the guests seemed to come to terms with the result. Only the good performances of the Basque goalkeeper Roberto did not allow to reach a new goal.Real Madrid – Deportivo Alaves 2: 0Goal scorers: Karim Benzema (12 ‘), Marco Asensio (51’)Real Madrid: Courtois, Vazquez, Militao, Varane, Mendi, Casemiro (Diaz 90 + 4 ‘), Kroos, Modric (Valverde 70’), Rodrigo (Isco 82 ‘), Asensio (Vinicius 70’), Benzema (Hazard 82 ‘) Coach: Zinedine ZidaneAlaves: Jimenez, Navarro (Agiregabiria 24 ‘), Laguardia, Eli, Marin, Kamarasa, Feisa (Mahmoud 58’), Burke, Mendes (Sainz 68 ‘), Perez (Rioja 56’), Joselu (Rodriguez 68 ‘) Coach: Juan Ramon Lopez MunisMadrid, Alfredo di Stefano Stadium Judge: Jesus Hill Manzano Yellow cards: Mahmoud (Alaves)last_img read more

Ex-Sunderland, Wigan and Middlesbrough star Lee Cattermole retires aged 32 to focus on coaching badges

first_img DayZ Amazing Mods ~ More Cars, More Guns, More Gore! Travel Diary // Vietnam 2017 LEE CATTERMOLE has announced his retirement at the age of 32.The former Middlesbrough, Wigan and Sunderland midfielder’s final season was at Dutch club VVV Venlo – where he made 11 appearances.Getty – ContributorLee Cattermole has bid farewell to playing football[/caption]And he will now concentrate on getting his coaching badges.He said: “With the current situation, the amount of time I have had at home, and a great season in Holland, the time is right for me to look into going down the coaching route.“Ordinarily I don’t think it would have been this year, my aim would have been to play two more seasons.“Given how long it was since I last played, the more time I have been away from playing, the more I have thought about the game and getting on the training pitch.“If the season hadn’t finished like it did in May then things might not have been like this, but I think this is right.“I am happy with my playing career, although I’m sure I could have done better. I could have done worse as well. “I will learn from those things and I want to make sure I am an even better coach/manager than I was a player.”Getty Images – GettyLee Cattermole progressed through the Middlesbrough academy[/caption] Known for his no-nonsense tackling, Cattermole racked up 272 Premier League appearances.After making his top-flight debut as a 17-year-old Middlesbrough youngster in 2006, he spent three years on Teeside before joining Wigan for a single campaign.But the former England Under-21 international is best known for spending a decade as a Mackem between 2009-19, even starring in Netflix’s Sunderland Till I Die documentary. Animals are so funny that you can die of laughter 10 INCREDIBLE Space Launch Failures! Rebekah Vardy scores an impressive penalty in six-inch heelscenter_img Best caption wins🏆 Credit @4×4 Source: Soccer – thesun.co.uk People Slammed By Massive Waves 4 What’s This “Trick” Called? Comment Down Below!!last_img read more

Satita breaks through for her first win

first_imgPSC Golf from the Phantom Golf SocietyWednesday, Jan. 27, Bangpra – StablefordIt was a cold Wednesday morning and with an 11.48am tee time it was good to have a bit of a sleep in and we had another excellent field of 39 golfers after one withdrawal due to sickness.  Hoping to get off a little earlier we got to Bangpra in plenty of time but as is the norm during the “High Season” we were unable to check in much before 11.00am.The course was very busy but at least they allowed us to have a two-tee start which resulted in both lots getting away just about on time but with heavy traffic ahead of us.Satita Cheoychao. The weather did warm up a bit which made it very comfortable and not too many jumpers or jackets in sight, well not on the golfers anyway and with the golf course looking quite dry at least the greens were very well maintained and in many instances “super quick”.I for one would have thought the colder weather would have kept the monkeys away but in actual fact there were more than I have ever seen before and boy were they a nuisance.  It was a full time job for the caddies who were having to guard the contents of the golf carts and on more than one occasion a monkey would pick up one of our golf balls, resulting in a chase from the caddies until the monkey dropped it.  Yes, it was quite an eventful day and unfortunately a very slow one with most of us enduring rounds of four hours & fifty minutes, but all in all most of us had a good time and let’s face it, the monkeys have been there a lot longer than we have!With the large field we were able to have three flights, A Flight for 0 to 14, B Flight for 15 to 20 and C Flight for players with handicaps of 21 and over with three places in each flight.  In addition there was meant to be four nearest the pins and 2 longest first putts on th 9th & 18th greens but as often happens with a 2-tee start things get confused and we “lost” one of the near pin markers.The winner in A Flight was Ed Wyckoff who had 34 points, 2 more that Dave Edwards in second place and in third place was Mr. San Miguel Light himself, Ian Pickles.Jim Oakley was the winner of B Flight with a fine 40 points and with 2 golfers on 31 points it was necessary to have a count back which resulted in Mark Bonner (15 point back nine) finishing second from Paul West (14 point back nine) in third spot.Breaking through for her very first win was Satita “New St” Cheoychao who was the C Flight winner with 39 points.  Odd Holm Hansen came second with 33 points followed by Sean Larner in third place with 31.A Flight (0-14)1st Ed Wyckoff (12) 34pts2nd Dave Edwards (13) 32pts3rd Ian Pickles (14) 31ptsB Flight (15-20)1st Jim Oakley (17) 40pts2nd Mark Bonner (17 31pts3rd Paul West (18) 31ptsC Flight (21+)1st Satita Cheoychao (40) 39pts2nd Odd Holm-Hansen (24) 33pts3rd Sean Larner (22) 31ptsNear Pins: 2nd – Ed Wyckoff, 8th – Dave Edwards, 17th – Paul West.Long Putts: 9th – Torben Lindgaard, 18th – Ed WyckoffNote: The Phantom Golf Society welcomes golfers of any persuasion – low & high handicappers alike, female golfers and beginners. We generally play Mondays, Wednesdays & Fridays, meeting at The Phantom Bar in Soi Buakhow at 8.00 am with transport departing at 8.30 am.  Breakfast is now available at the Phantom Bar from 7.30am onwards.  For bookings or more information please contact Peter on 0806 351 386 or email to [email protected]last_img read more

Obama now in Jamaica

first_imgFacebook Twitter Google+LinkedInPinterestWhatsApp Bahamas DPM Turnquest, as IDB Governor, Talks Technology and Climate Change Resilience at IDB Conclave Related Items:jamaica, obama, Panama, portia simpson miller Recommended for you Facebook Twitter Google+LinkedInPinterestWhatsAppKingston, 09 Apr 2015 – OBAMA in Jamaica now for an official stop before joining western hemisphere leaders at the Summit of the Americas in Panama. The reality of the pop-star like American president has Jamaicans hysterical with joy at the arrival of the Nobel Peace Prize and Grammy Award winning Obama; who is the first black man to hold that office in the US. Arguably that fact is of particular significance to Jamaica, the third largest English speaking nation in the Americas and a country of predominantly black people.CARICOM leaders will reportedly be present as guests of Prime Minister, Hon. Portia Simpson Miller and will journey from Jamaica to Panama at the end of President Barack Obama’s historic visit. One Jamaican has already promised Mr Obama a Red Stripe during his visit. The last US President to visit Jamaica was Ronald Reagan in 1982. Summit of the Americas is set for April 10-11 in Panama. Two boys die, bicycle and van collide in St. Catherine, Jamaica Jamaica’s Senate Begins debate on National Identification and Registration Billlast_img read more