Thursday, 5 November 2015

Culpable Homicide (26/08/14)



I find it hard to believe than a man would have received a prison sentence of only 11 years after being held responsible for the death of little Mikaeel Kular. 

Now Mikaeel's mother pled guilty too manslaughter or culpable homicide which can, of course, carry the same life sentence as murder which Rosedeep Kular denied, presumably on the basis that she did not set out with the deliberate intention of murdering her own son.

Yet as things stand Rosdeep Kular could be out of prison in five and a half years, potentially able to re-unite with there other children, which sounds like a very lenient sentence to me for someone who committed such a terrible crime.

Because while the court may have accepted that Rosdeep did not set out to kill her own son, she must have known that a violent attack on such a small child could cause serious injury; she must also have known her son was in desperate need of medical treatment but did nothing to call and ambulance or take him to hospital as she kept him away from nursery and saw him "listless' the next day.

Next thing Rosdeep tried to cover up the fact that her son had died by her own hand, duping the police and her neighbours with a wild goose chase which, had it proved successful, would have left her young son's body slowly decomposing in a suitcase over in Fife.

So while Rosdeep's expensive QC argued in court that his client is "not a monster", she is certainly guilty of monstrous behaviour which deserved a much stiffer sentence if you ask me, than a mere 11 years in jail and possibly only 5.5 with 'good' behaviour.  

      

Mother of Mikaeel Kular jailed for 11 years



Rosdeep Kular had previously appeared in private under her married name of Rosdeep Adekoya at the Edinburgh Sheriff Court. Picture: TSPL

The Scotsman

THE MOTHER of three-year-old Mikaeel Kular has been sentenced to 11 years in prison for beating her three-year-old son to death earlier this year.

Mikaeel died two days after being beaten repeatedly by Rosdeep Adekoya following a family day-out in January.

After discovering his lifeless body on the floor of their Edinburgh home in Ferry Gait Crescent, she wrapped it in a duvet cover, put it in the suitcase and drove about 25 miles to Kirkcaldy, Fife, to hide it in woodland.

But she reported him missing to police, sparking a major two-day search operation involving hundreds of local people.

Adekoya, 34, a prisoner at Cornton Vale jail near Stirling, was initially charged with murder but last month pleaded guilty to the reduced charge of culpable homicide.

She also admitted a charge of attempting to defeat the ends of justice by pretending to police her son had gone missing.

She was jailed for 11 years when she returned to the High Court in Edinburgh for sentencing today.

The court heard Adekoya’s internet history showed searches including ‘’I find it hard to love my son’’, ‘’Why am I so aggressive with my son’’ and ‘’Get rid of bruises’’.

Mikaeel died on the night of Tuesday January 14 from injuries inflicted the previous Sunday following the restaurant outing.

He was smacked and struck on the body and head with a clenched fist after vomiting repeatedly.

Adekoya, a prisoner at Cornton Vale prison, Stirling, dragged him to the shower by his arms and ‘’beat him heavily’’ on his back as he lay over the bath edge, causing internal damage.

He was kept off nursery as his condition deteriorated and by Tuesday night he was ‘listless’.

Advocate depute Alex Prentice told the court: ‘’He would have been in significant pain but was put to bed.

“The pain would have increased significantly while Mikaeel became dangerously ill ... finally dying as a result of the injuries inflicted upon him by the accused.

“It was during that night that he died.”

Adekoya put her son’s body in a suitcase which she carried to the boot of her car, before taking his twin sister to nursery.

She left the suitcase in woodland behind her sister’s house in Dunvegan Avenue, Kirkcaldy, covering it with branches.

Inconsistencies began to appear in her account of events to police after she reported her son missing on Thursday morning and she eventually broke down and took them to his body.

The final cause of Mikaeel’s death was found to be ‘’blunt force abdominal trauma’’ and the court heard he had more than 40 separate injuries to his body.

Defence QC Brian McConnachie told the court: “Rosdeep Adekoya is not a monster.’’

“It appears from every source ... that this has been a brief period when this young woman has lost her temper and behaved in a way which is totally out of character for her.”

An independent significant case review is to be held after it emerged social services had stopped monitoring the family weeks before Mikaeel’s death.


Spotlight on Sentencing (7 February 2014)




My campaign to have some sanity brought into the way the criminal justice system deals with manslaughter or culpable homicide, as it's also known, is stepping up a gear with the news report from the BBC web site.   
The drunk driver of a stolen car - Shane Frane (26) - with an unbelievable 77 convictions to his name will spend only a minimum of 6 years in prison for causing the death of a young woman police constable, Philippa Reynolds (27).

Now if I were a politician reading this news report I would want to know why the criminal justice system thinks it's OK to hand out such paltry sentences to someone like Shane Frane.    

Now I accept that one person can kill another without setting out to do so, deliberately, but where someone has acted completely recklessly and without any regard to the safety and welfare of others - then I think that the crime of manslaughter ought to allow for a life sentence, if the circumstances are sufficiently serious.

And if Shane Frane's case is not serious enough - then I'm a monkey's uncle.  

Philippa Reynolds death: Two men jailed


Philippa Reynolds was on routine patrol in an unmarked police car when it was struck by a stolen vehicle

Two men have been jailed over the death of a police officer who died when a stolen car crashed into a police vehicle in Londonderry.

Constable Philippa Reynolds, 27, was a passenger in the police car on 9 February 2013.

Shane Christopher Frane, 26, who was driving the stolen car, will serve at least six years for manslaughter.

Conor Clarence, 24, a passenger in the stolen car, will serve 21 months in prison in relation to other offences.

He will serve a further 21 months on licence.

Frane was also disqualified from driving for 10 years.

Frane, who is originally from Limerick and with an address at the Simon Community hostel, Derry, pleaded guilty to eight offences including the manslaughter of Constable Reynolds, causing her death by driving without a licence or insurance, driving when unfit through drink or drugs, and failing to remain at the scene and report an accident.

Changed clothes

Clarence, whose address was also given as the Simon Community hostel, pleaded guilty to theft of a vehicle and allowing himself to be carried in a stolen vehicle that was involved in a fatal crash.
Shane Christopher Frane (L) and Conor Clarence (R)

The crash happened in the Waterside area of Derry.

Constable Reynolds was the back seat passenger in an unmarked police car that was struck by a stolen 4x4 vehicle that had been travelling up to 80mph.

The court was told that Frane and Clarence spent the afternoon of 8 February 2013 drinking and taking drugs.

They broke into a house in the early hours of the morning, took the keys of a Toyota Land Cruiser and drove it away.

CCTV camera evidence showed Frane driving the car through red traffic lights and hitting an unmarked police car.

The two officers in the front of the car were injured.

Frane and Clarence were seen getting out of the car and running away.

It appeared that they changed their clothes and then walked back past the scene.

They were arrested later that morning.

Clarence admitted during interviews with the police that he was a passenger in the vehicle.

'Likelihood of reoffending'

He said he had asked Frane to slow down as he was becoming uncomfortable at the speed of the vehicle.

The unmarked police car was struck by a stolen 4x4 vehicle that had been travelling up to 80mph

Frane was interviewed on eight occasions on 9 and 10 February but asked to be re-interviewed three weeks later, indicating that he would make full admissions after consulting with his usual solicitor.

Posing an indeterminate sentence, with parole not considered until Frane has served at least six years in prison, Judge Phillip Babington referred to Frane's extensive criminal record in both Northern Ireland and the Republic of Ireland.

Although only living in Northern Ireland since 2009, he has 12 convictions for attempting to take motor vehicles, grievous bodily harm with intent and making threats to kill.

Frane has 77 convictions in the Republic of Ireland including 11 motoring offences.

The pre-sentence report assessed Frane as presenting a "high likelihood of reoffending" and at a recent risk management meeting it was considered that he "continues to present a significant risk of serious harm".

Mr Babington said that after considering the information presented to the court he was "satisfied that Frane passed the dangerousness threshold.

"In these circumstances the court then has to consider if an extended custodial sentence would be adequate for the purpose of protecting the public."

He added that it would "not be possible to forecast the appropriate length of the extended period because of Frane's previous offending and his attitude to the previous sentences that have been imposed".