Spotlight on Sentencing



The BBC reports on the introduction of a new 'one-punch' law introduced by the state of New South Wales in Australia.

A good move if you ask me, and one that ought to be considered very carefully in other legal jurisdictions.

  


Australia 'one-punch' attack: First man jailed under new law

Image copyright - GETTY IMAGES Image caption - The laws have drawn both support and criticism in New South Wales

A Sydney man has become the first person to be sentenced under an Australian state's "one-punch" laws.

Those convicted of fatal one-punch assaults while under the influence of drugs or alcohol face minimum eight-year sentences in New South Wales.

The laws were introduced in 2014 to reduce alcohol-related violence.

Hugh Garth, 25, was sentenced to more than 10 years in jail for fatally punching a man while intoxicated in 2014.

In May, Mr Garth was found guilty of delivering a single, fatal blow to nurse Raynor Maland, 21, outside a Sydney house during a birthday party.

He was convicted of unlawful assault causing death.

One-punch attacks have been described colloquially as "king hits", but campaigns to label them "coward punches" have gained momentum in recent years.

Why 'one-punch' laws were introduced
Have Sydney's nightlife curfews worked?

Mr Garth's sentencing judge said the attacks had become too common.

"Such offences are cause for grave disquiet and the community is understandably angry and frustrated by their occurrence," said Judge Antony Townsden, according to an Australian Broadcasting Corpreport.

State legislators brought in the laws following community outrage over the deaths of two young men who died from single blows to the head during separate nights out in Sydney.

The laws, part of a larger package of anti-violence measures, have drawn criticism as too rigid, particularly over the mandatory minimum sentence. They have also been blamed for affecting the city's nightlife.

However, authorities have repeatedly defended the measures, saying they have reduced street violence.



Spotlight on Sentencing (22/01/17)


Scotland's criminal justice system has made itself look ridiculous again, if you ask me, with the news that  a violent thug was sent to prison for only 5 years for attacking and causing the death of a perfectly innocent man - John Morrison, the former leader of East Dunbartonshire Council.

The violent thug in question, Darren Murphy, sucker punched his victim for no reason and then lied about events afterwards to the police - in an effort to escape justice.

Five years in prison seems like an incredibly lenient sentence to me - for taking the life of another human being who was minding his own business and enjoying a Christmas night out with his friends.  

Darren Murphy jailed for killing John Morrison in Glasgow

Mr Morrison died after being found in Glasgow's Argyle Street

A man who killed a former leader of East Dunbartonshire Council with a single punch days before Christmas has been jailed for five years.

Darren Murphy, 25, hit John Morrison in the face in Dunlop Street, Glasgow, on 22 December 2012, causing him to fall over and hit his head.

Murphy then left the 50-year-old lawyer in the street to go to a nightclub.

He claimed to have acted in self defence but was convicted of culpable homicide at the High Court in Glasgow.

Jailing him, temporary judge Norman Ritchie QC told Murphy: "Fatefully John Morrison's journey home that night crossed the route taken by you and your friends.

"It is not entirely clear what caused the altercation, but it is pretty certain it was not much."

The judge said Murphy's decision to confront his victim was "without proper reason".

Murphy looked ashen-faced as he was lead handcuffed to the cells. Many of his friends and family broke down in tears.

Mr Morrison - the former Lib-Dem leader of East Dunbartonshire Council - was attacked in the early hours of 22 December 2012.

The lawyer had earlier been on a festive night out with colleagues from Glasgow City Council, where he worked as a legal manager.

CCTV footage


His friend and workmate Jennifer McMartin told the jury: "He was in really good form that night.

"He said he was in a good place in his life both professionally and personally having met his partner David."
A jury rejected Darren Murphy's claim that he acted in self defence

The court was shown CCTV of footage of Mr Morrison later in the city's Argyle Street, close to the St Enoch Centre.

Murphy and his friends were in the same area heading to the Arches Nightclub.

Murphy's friend Samantha Mulgrew claimed during the trial that Mr Morrison, of Milngavie, suddenly appeared next to her mumbling, which gave her a "fright".

For some reason, Murphy and his group then turned on the solicitor.

CCTV showed the group heading towards him before one pushed Mr Morrison as he appeared to be walking away.

Seconds later - and out of shot - 6ft 1in tall Murphy then punched Mr Morrison in the face.

Murphy then carried on to the nightclub.

Mr Morrison died in the street despite medics coming to his aid.

The ferocity of the blow had also broken his eye socket and nose.

'Proper punch'

Ms Mulgrew later told police that he had landed a "proper punch" on the ex-council leader.

But, during the trial, Murphy, of the city's Bridgeton area, denied he had punched Mr Morrison - instead claiming he had "hit him with a palm" to get him away.

Murphy insisted he had "felt threatened" by Mr Morrison that night.

He then claimed he did not know Mr Morrison was seriously hurt at the time - but when he later discovered he had died he "felt sick".

The court also heard Murphy demanded that friend Graeme Thomson did not tell police he had punched the lawyer.


Criminal Justice (30 December 2013)

I hope Scotland's criminal justice system delivers a harsh sentence on Darren Murphy (25) who has been convicted of culpable homicide following his violent and unprovoked attacked on another man John Morrison (50) - who was enjoying a Christmas night out in Glasgow last year. 

I'm not sure what the maximum sentence for culpable homicide is in Scotland, but the equivalent crime in England and Wales of 'manslaughter' can result in a life sentence - although this is rarely used. 

But I struggle to understand why more crimes involving manslaughter or culpable homicide are not handed down life sentences - because the risk of killing someone from with 'sucker punch' is very high, particularly if the person doing the punching is much bigger and stronger than the victim, as explained in this new report from the BBC. 

Not only was Mr Morrison walking away from his attacker, Darren Murphy then left him lying in the street to go off to a nightclub and then lied in court about what had happened - all of which suggests to me that he should go to prison for a very long time.  
I note that the advocate representing this scumbag in court was Donald Findlay QC - one of the most eminent and expensive lawyers in Scotland.

Darren Murphy guilty of killing John Morrison in Glasgow
Mr Morrison died after being found in Glasgow's Argyle Street

A man has been convicted of killing a former East Dunbartonshire council leader days before Christmas last year.

Darren Murphy, 25, punched 50-year-old John Morrison on the head in Dunlop Street, Glasgow, on 22 December, causing him to fall over.

Mr Morrison died after striking his head on the ground. Murphy left him in the street to go to a nightclub.

He claimed to have acted in self defence but was convicted of culpable homicide at the High Court in Glasgow.

Murphy's bail was continued at the High Court in Glasgow until sentencing in January.

Mr Morrison - the former Lib-Dem leader of East Dunbartonshire Council - was attacked in the early hours of 22 December last year.

The lawyer had earlier been on a festive night out with colleagues from Glasgow City Council, where he worked as a legal manager.

His friend and work-mate Jennifer McMartin told the jury: "He was in really good form that night.

"He said he was in a good place in his life both professionally and personally having met his partner David."

The court was shown CCTV of footage of Mr Morrison later in the city's Argyle Street close to the St Enoch Centre.

Murphy and his friends were in the same area heading to the Arches Nightclub.'Fright' claim

Friend Samantha Mulgrew claimed during the trial that Mr Morrison, of Milngavie, suddenly appeared next to her mumbling, which gave her a "fright".

For some reason, Murphy and his group then turned on the solicitor.

CCTV showed the group heading towards him before one pushed Mr Morrison as he appeared to be walking away.

Seconds later - and out of shot - 6ft 1in tall Murphy then punched Mr Morrison in the face.

“Your friends appeared to have tried to cover up for you and your lack of frankness continued in your evidence”Judge Norman Ritchie QC

Murphy then carried on to the nightclub.

Mr Morrison died in the street despite medics coming to his aid.

The ferocity of the blow had also broken his eye socket and nose.

Murphy's friend Ms Mulgrew later told police that he had landed a "proper punch" on the ex-council leader.

But, during the trial, Murphy, of the city's Bridgeton area, denied he had punched Mr Morrison - instead claiming he had "hit him with a palm" to get him away.

Murphy insisted he had "felt threatened" by Mr Morrison that night.

His QC Donald Findlay asked: "There was an implication that this was you being cowardly...that a fair reflection of events?" Murphy denied that.'Felt sick'

Murphy then claimed he did not know Mr Morrison was seriously hurt at the time - but when he later discovered he died he "felt sick".

Prosecutor Paul Kearney said the killer had lied during evidence adding: "You went back to sort out Mr Morrison and punched him." Murphy replied: "No."

The court also heard Murphy demanded friend Graeme Thomson did not say to police he had punched the lawyer.

Murphy told the jury: "Those words did not cross my mouth."

Murphy will sentenced next month after temporary judge Norman Ritchie QC adjourned the case for reports.

The judge told him: "May I say at this stage that it is plain your character before this was a good one - but I have not been impressed with your conduct since this time.

"Your friends appeared to have tried to cover up for you and your lack of frankness continued in your evidence."

First offender Murphy cried at the verdict while at least two female jurors also broke down.

A large group of Mr Morrison's family - including his partner of five years David Evans - were seen sobbing as the killer was convicted.

One said as she left the courtroom: "That's justice for John."


One Punch Killer (10/05/17)

The law as it stands may not regard Lewis Gill's four-year sentence for launching a violent attack upon another man as unduly lenient, but that doesn't mean to say that the law as it stands is not an ass.

Because anyone who lashes out in this unprovoked manner knows, or ought to know, that such horrific violence towards another person might either kill them or inflict a life changing injury.  

Just as someone should know that driving a car at high speed can kill other road users or pedestrians and therefore the punishment ought to fit the crime, which it doesn't at the moment.

So if you ask me the ridiculous defence of: 'I really didn't mean to kill the person - I just meant to break his jaw in three places, but got a bit unlucky', really ought to be given the shortest of shrift in a criminal court.  

In the same way as the argument that someone driving at high speed, drunk or sober, in a residential area has to accept the risks they are taking with innocent people's lives - and the law should reflect what really comes down to common sense.     

One-punch killer Lewis Gill's four-year sentence not unduly lenient, court rules

The 21-year-old knocked Asperger sufferer Andrew Young, 40, to the ground with a single blow


By CATHY GORDON - The Independent

A four-year sentence given to a man for the manslaughter of an Asperger's sufferer in an unprovoked attack in Bournemouth was not unduly lenient, leading judges have ruled.

Andrew Young, 40, died after being punched once by Lewis Gill on November 6 last year.

His sentence, imposed in February at Salisbury Crown Court, was referred to the Court of Appeal by Attorney General Dominic Grieve, who argued that it was not a proper reflection of the gravity of what Gill did.

But three judges in London decided there should not be any change to the four years being served by Gill, 21, of Sutton in south London, who admitted manslaughter.

The incident happened outside a Tesco Metro store in Charminster Road after the victim had challenged a cyclist who was riding his bike on the pavement.

Graphic design student Gill, described as a “powerfully built young man” who had previously trained as a boxer, punched Mr Young in the face, causing him to fall backwards, hitting his head.

He suffered a fractured skull and died the next day in Southampton Hospital.

Lord Justice Treacy, announcing the decision of the court, said: “We have concluded that the sentence imposed below is not one which can be described as unduly lenient.

”Indeed, it seems to us that the sentence imposed was one within the reasonable range available to the trial judge, properly weighing the relevant factors and the guidance of this court.“

In February, Gill was given a further six months - three for handling stolen goods and another three for committing an offence during the operational period of a suspended sentence.

Lord Justice Treacy said: ”We readily understand that this is the sort of case that arouses public concern.

“If there are public concerns going beyond this case then it may well be appropriate for the wider issue to be the subject of detailed consideration and consultation by the Sentencing Council in the future.

”It is open to the Secretary of State for Justice or other interested bodies to invite the Sentencing Council to do so.“

During the hearing, Mr Grieve outlined a number of ”aggravating factors“ in the case.

He said the victim was vulnerable because he suffered from Asperger's syndrome, telling the court: ”It is accepted that the offender had no means of knowing the detail of the victim's condition, but it was clear from the victim's unusual behaviour, as seen on the CCTV, that he was vulnerable.“

The punch was delivered with deliberation in a place where a ”great many“ members of the public were present.

Mitigating factors included a guilty plea at an early stage, the expression of remorse, Gill's relatively young age, and the fact that the offence was not planned or premeditated.

PA


Cowardly Punches (20 March 2014)


The Government of New South Wales in Australia has taken tough action against one-punch assaults that have resulted in people's deaths according to the report below from the BBC.

Now I'm not sure if this new mandatory sentence applies only where violence and/.or alcohol is involved, but its a very interesting development because a few years in jail for taking someone else's life doesn't seem a fitting punishment, if you ask me.

The legal establishment is against the new law, by and large, on the basis that judges should have the ability to take the circumstances of every crime into account - including that of the guilty party.

No two people or comes are the same is the logic of their position, which I agree with I have to say, but what's happened in New South Wales is that the public is registering their disgust at a criminal justice system which appears to hand out very lenient sentences instead of making the punishment fit the crime.

I hope campaigners in the UK pick up the baton because manslaughter or culpable homicide is a crime that can result in a life sentence in theory at least, although in my experience this happens rarely if ever.      

Australia 'one-punch' laws announced in New South Wales

NSW Premier Barry O'Farrell said he was 'horrified' by the alcohol-fuelled attacks in Sydney

New laws are to be introduced in Australia's New South Wales (NSW), toughening sentences against drunken violence including one-punch assaults.

The measures include minimum eight-year sentences for fatal one-punch assaults influenced by drugs or alcohol.

Liquor shops will close earlier and premises in parts of Sydney will have to stop serving drinks by 03:00.

The move comes after the death of an 18-year-old who was attacked in Sydney.

Campaigners called for measures tackling alcohol-fuelled violence after Daniel Christie died after being punched in Sydney's King's Cross area on New Year's Eve.

Another 18-year-old, Thomas Kelly, died after being punched in 2012.

'Coward punches'

Single-punch attacks have been described colloquially as "king hits". However, campaigners and families of victims have called for them to be referred to as "coward punches" instead.

In a statement, NSW Premier Barry O'Farrell said: "I have been horrified by the continued drug and alcohol-fuelled attacks on city streets and the increase in violence used in these attacks."

"The idea that it's OK to go out, get intoxicated, start a fight or throw a coward's punch is completely unacceptable."

"I expect opposition to some or all of the measures," he said. "These new measures are tough and for that I make no apologies."

The measures also include lockouts in parts of Sydney's central business district, where people will be prevented from entering venues after 01:30, and the introduction of a state-wide 10pm closing time for liquor stores.

Similar lockout laws are in place in NSW's Newcastle area, and South Australia.

Supporters say the laws have been successful in reducing alcohol-related violence, but some venue owners say the measures have hurt businesses and that other measures, such as increased policing, are more effective.

Thomas Kelly's parents said they welcomed the measures, which had gone "way above what we were asking for".

"It's bittersweet to know that the reform will come in shortly but it's also still terrible for us as a family," they said.

Thomas Kelly's attacker, Kieran Loveridge, was given a minimum four year sentence in November. Campaigners described the sentence as too lenient.


The Guardian - 26 February 2014

Man jailed for killing pedestrian with punch

Lewis Gill, 20, sentenced to four-an
d-a-half years for manslaughter after striking man in street

By Ben Quinn and agencies
Screengrab from CCTV footage of attack on Andrew Young

A man has been jailed for four-and-a-half years after killing a pedestrian with a punch to the head following a row with a cyclist about riding on the pavement.

Footage was released of the moment when Lewis Gill, 20, struck Andrew Young, who had become embroiled moments earlier in an argument with one of Gill's friends, Victor Ibitoye.

After Young argued with Ibitoye, telling him that cycling on the pavement was dangerous, Gill approached the pedestrian in broad daylight in a busy shopping area of Bournemouth and punched him in the face.

The CCTV footage showed Young, who was 40 years old, falling backwards following the sudden blow and striking his head on the road surface.

A number of passersby rushed to the aid of Young, who was rushed to hospital. He died the following day from his head injuries.

Gill was jailed at Salisbury crown court last Friday after he pleaded guilty to a charge of manslaughter, prompting Young's grieving mother, Pamela, to describe the sentence handed down as a "joke".

"I saw the CCTV footage in court and you can see that Andrew didn't cause Lewis Gill any harm," she said. "I sat with him when he died. I wish that awful man who took my son away had pleaded not guilty so he would have got a longer sentence.

"The sentence is an absolute joke. I'm a committed Christian, but I think that if someone takes a life, they should be prepared to forfeit their own.

"There have been many people who have committed manslaughter or murder in this country and they never even serve a full sentence."

The incident happened at 4.25pm on 6 November last year outside a Tesco Express in Charminster, Bournemouth. Young, who had Asperger's syndrome, was said to be able to speak several languages, but had the social skills of a 14-year-old.

The court heard he told Ibitoye during the argument that riding his bike on the pavement was a "dangerous activity". After the brief argument, Ibitoye cycled away from Young and apparently had no idea what Gill was about to do.

Kerry Maylin, prosecuting, said: "The defendant claims he was worried about Andrew Young because he thought he was being menacing. He said Andrew Young put his hand to his pocket and he thought he was going to pull out a knife or a gun."

A postmortem examination found that Young had no injuries to indicate that he had tried to defend himself.

The court was told that Gill punched Young after the victim allegedly made a racist remark.

Steven Perian, defending, added: "He wishes he could turn back the clock and not react in the way he did."

Jailing Gill, from Sutton, Surrey, judge Keith Cutler said that Young did not represent a threat to him, adding: "You are a powerfully built young man.

"You must have known that it was going to cause a significant injury and, very sadly, it did."

Gill was also sentenced to two three-month prison terms to run consecutively after committing thecrime while on a suspended sentence for robbery and for handling stolen goods.


Culpable Homicide (January 2014)


I am getting a bee in my bonnet over culpable homicide or manslaughter as the crime is known in other legal jurisdictions.

Now as far as I know the culpable homicide carries a maximum sentence of life in prison, the same tariff as murder although in cases of murder a life sentence is automatic.
But I've never heard of anyone being given a life sentence or even a very long prison sentence, say 15 years, for committing manslaughter or culpable homicide - and I'd like to know why?

Take the following case reported recently in the Times of a speeding driver who killed a passenger in his car through his reckless behaviour.

I don't think it really matters that much that James Neill didn't set out to intentionally kill Natasha Clark because he knew, or ought to have known, that driving at speeds of up to 110 miles per hour - was a tragedy waiting too happen.

And a young 17-year old girl lost her life as a result of his completely idiotic behaviour - so I would throw the book at him. 

If a life sentence isn't intended for this kind of case, then you have to ask why we have it on the statute book in the first place.  

Speeding driver James Neill admits killing Natasha Clark


Neill had been driving at speeds of up to 110mph before the crash

A speeding driver who lost control of his car on a country road has admitted causing the death of a teenage girl.

James Neill, 35, from Tarbert, Argyll, crashed his Honda Civic on the A83, near Erines, on 20 August 2012.

His three passengers were injured, including 17-year-old Natasha Clark, who later died in hospital.

The High Court in Paisley heard how Neill had driven at speeds of up to 110mph. Sentence was deferred and he was remanded in custody.

The court head how Neill was repeatedly told to slow down and "stop pushing it" by his three passengers.

Boulder hit

One local motorist, Davie Russell, who was driving in the opposite direction before the crash, told police that it was the fastest he had ever seen a car travelling on that road.

Neill lost control of the car as it entered a bend heading towards Tarbert. It was later estimated he had been driving in excess of 70mph at the time.

The vehicle spun over to the side of the road and hit a huge boulder, then bounced back into the centre of the road.

The force of the impact trapped 17-year-old Natasha and her friend Sandra Harvey, who were in the back seat.

Neill and his friend Sean McGregor, who were in the front, sustained minor injuries.

Ms Clark, who worked as a shop assistant at the Co-op in Lochgilphead, was airlifted to Glasgow Royal Infirmary, but died the following day from multiple injuries.

Ms Harvey suffered a broken leg and a suspected spinal injury.

Speeding denial

The court heard that in the immediate aftermath of the crash, Mr McGregor rushed back to try to help the two women and shouted to Neill to get help.

At this point Neill said: "I wasn't speeding."

Neill then used his mobile phone to call a friend. He told her he had crashed the car and asked if she could come and get him.

Minutes later other cars stopped at the scene. One of the drivers called the emergency services and then helped a medical student to assist Ms Clark until the paramedics arrived.

Neill pleaded guilty to causing the death of Ms Clark by driving dangerously and at excessive speed.

Judge Lord Stewart deferred sentence on Neill until next month for background reports and remanded him in custody.

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