Woman jailed after riots in Manchester freed by judge
Posted in: Discussion | Legal debate
19/08/2011 1:56 pm
A judge has freed a woman who was jailed following last week's riots in Manchester. It is thought to be the first successful appeal against a sentence in relation to the disorder in England.
Mother-of-two Ursula Nevin, 24 was jailed for five months by a district judge at Manchester magistrates earlier this week. She had admitted accepting a pair of shorts that had been looted from a city centre shop by a friend.
Judge Andrew Gilbart QC said he was setting aside the prison sentence because Nevin had not actually taken part in the riots.
Now consider if she were a social housing tenant - under latest Junta Law she would have been evicted - should she now have her tenancy restored, and if someone else has already been moved into her former home, what redress should be applied, or how should the landlord find a replacement home (evict another tenant?)
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19/08/2011 3:11 pm
This is an intersting case.
Consider the MPs, including some still in the House of Commons, who on discovery of having received money through fraud were offered the chance to pay the money back without further sanction.
Now, this lady discovered the goods she accepted were stolen. Was she offered the chance to make good by returning them or paying for them - no, she was arrested, charged, and convicted in less time than it takes an MP to run up an expense cheque.
Worse, there are MPs, Editors, and spectres baying for her like to be made homeless and destitute for her crimes against community.
The Judge in this case has corrected a wrong - let's hope no others are further wronged because of the lynch-mob mentality surrounding the Tory standard.
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20/08/2011 5:33 pm
And the young man remanded for the fire at the Miss Selfrige store in Manchester has had the charges dropped.
Swift justice is not always good justice.
It's a pity that lawbreaking lawmakers werent all incarcerated for that length of time -- but, sadly, that's our 'justice system'.
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20/08/2011 6:03 pm
Hi Rick - a great example of British justice. The man you refer to was not guilty (otherwise how could the charges be found to have been misapplied) yet he will never get those days served in prison back, nor is he entitled to any compensation for the imprisonment nor anything (job, home, family) he may have lost as a result.
Oddly, if he had been tried and found guilty, but later found innocent then he could have been entitled to compensation. Being innocent all along is no good as you can lose everything, including your life, and not even get a 'sorry' from the judge.
Now, if he expresses that anger at being locked up in prison and abused in the press by the likes of Cameron and other members of the lynch-mob, fingers will point and call him a rioter. Just another example of Tory Big Society Success.
What say all the 'string 'em up' brigade who were in a frenzy on this and other sites not so long ago - see what happens when knee-jerk government is given free reign.
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21/08/2011 11:51 am
ANOTHER EXAMPLE
Four years in jail for those guys on facebook inciting rioters and even kiling of policemen...
No prosecution WHATSOEVER against those who incited the killing of rioters and looters.
Now why is that the same incitement to kill is not treated equally by the law authorities?
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22/08/2011 9:33 am
This woman was still convicted of an offence. So she would still be eligable to be evicted if she was a social housing tenant.
If she was a social housing tenant she would have signed a tenancy with that clause in it and should have been aware of the consequences of her actions.
Was she a social housing tenant though???
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22/08/2011 9:57 am
Melvin - the clause that you refer to has a locality limit and must be applied proportionately. The government are looking to remove the locality limit.
That leaves proportionality. Is it proportionate to loose one's home over the receipt of a stolen item of clothing? If it is then surely others guilty of more serious offences that continue in office or leading businesses must also be similarly sanctioned. The terms unworkable, unjust, and draconian come to mind.
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22/08/2011 10:21 am
The crime is handling stolen goods. It is a criminal act. In addition the perpetrator knew the goods had been stolen as a result of involvment in a riot in which, theft, arson, assualt etc had taken place.
Are you suggesting the law should be 'relaxed'?
People livelyhoods have been wrecked by the opportunistic thieves and their accomplices down the supply chain. Anyone in the supply chain of this criminality deserves the full strength of the law to be applied.
To think otherwise means you must condone this criminality. Do you?
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22/08/2011 10:29 am
Nothing you say is untrue Melvin. Where you are going wrong is here:
'People livelyhoods have been wrecked by the opportunistic thieves and their accomplices down the supply chain. Anyone in the supply chain of this criminality deserves the full strength of the law to be applied'
The woman concerned received a stolen item - there is no legal reason to punish her as a collective member of the rioting gangs nor the looting criminals. There is no group offence on the statute books for this - that is why her conviction was appealed and why the appeal was successful.
Thinking otherwise does not infer condone criminality it is condoning due process of law and for that process to be justice. To think otherwise could be construed as being anti-justice and denying of the legal framework of our nation!
I am not suggesting the relaxation of law, simply that it is upheld, equally, for all. Otherwise our law is weakened and undermined, which is of benefit to none but the very anarchists who, as you point out Melvin, have used this period of social stress to cause so much harm and destruction.
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22/08/2011 11:35 am
Whether or not the goods were a rubber band , a staple or a £500 stereo, is to me, immsterial. An offence was committed.
What bugs me, are the calls for all offences to be the excuse for eviction. That would imply apple scrumping, swearing, congregating in groups of three or more, nicking a staple, driving offences /, and so on.
The Courts, thankfully, infdependent of government (i.e. the State?) make the decisions on punishment -- not me, not you, not the rabble, not IH posters. etc.
A person is punished for their crime and whether that crime attracts a further pensalty not set by the Criminal Courts (mind you, it's the Court that decides on eviction, does it not?) is a matter of personal opinion.
It is weird, to say the least, that this 'double ounishment' is only being advocated for social tenants and that is what I object to as well.
I am not so sure that a custodial sentence was correct but if it was, then surely the 'trousering MPs' (and, we, the taxpayers, pay towards all or some of all or some of their housing costs) should have suffered in exactly the same way?
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22/08/2011 11:58 am
I am not suggesting the relaxation of law, simply that it is upheld, equally, for all. Otherwise our law is weakened and undermined, which is of benefit to none but the very anarchists who, as you point out Melvin, have used this period of social stress to cause so much harm and destruction.
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22/08/2011 12:00 pm
The woman concerned received a stolen item - there is no legal reason to punish her as a collective member of the rioting gangs nor the looting criminals. There is no group offence on the statute books for this - that is why her conviction was appealed and why the appeal was successful.
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22/08/2011 12:01 pm
Whilst it may irritate the lynch mob, people should not be convicted of crimes that they have not committed - otherwise it may be you in the dock next expecting to be found innocent for a crime that you did not commit, only to be found guilty of the misdemenour you did commit and to have sentances and punishments applied for all of societies ills.
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22/08/2011 1:13 pm
Thanks for that TWIMC...
I think you are being hard on the anarchists. These were violent, nasty, bullying, wreckless thieves plain and simple.
They were not Anarchists. Anarchists do not have tenancies. Anarchists do not want designer labels.
'people should not be convicted of crimes that they have not committed'
I think you will find she was convicted.
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22/08/2011 8:30 pm
She was in receipt of stolen goods from her lodger.
I don't believe she was offered the Blears option - 'pay for the shorts and we'll let it go. If you like go public and wave a big cheque infront of the camera's'.
The sentence was disproportionate considering she wasn't rioting and considering what sentence she was likely to get a week before the rule book was thrown out.
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