Jimmy...The problem with a racial charge is proving it, unfortunately for Liam Stacey he thoughtfully spelt it out for the entire world to see so has no defence. Technically his language has to be "threatening, abusive or insulting" to be a racially motivated crime and I think there should be no debate that what he said fell into the "insulting" category.
In the other case it would have been harder, but not impossible to prove. Whether they committed the crime because the victim was white is what the prosecution would have to demonstrate and on a quick butchers at the case I can't determine that one way or the other, although in the heat of committing the crime they certainly used a racially charged expression. There's a fine line here. My guess is that the CPS dropped the racially motivated element for this reason and as above a bit of plea bargaining most likely went on outside the court with their agreeing to plead guilty to a lesser offence rather than risk a heavier sentence and maybe the racial element got dropped as part of the negotiations.
BFR - the maximum penalty for s.20 (Grevious Bodily Harm) is the same as for Actual Bodily Harm. If it is GBH with intent to cause GBH then the maximum is life imprisonment.
For those who think that the CPS may have opted for the ABH rather than GBH, the charge preferred will depend on the extent of the seriousness of the injuries (as set out in a medical report and not in the victim's perception) but of course plea bargaining (sometimes known as charge bargaining) and 'fact' bargaining do go on even if the CPS doesn't outwardly admit it. Fact bargaining is where the CPS leave out some damaging comments in exchange for a plea, even though the charge remains the same. Plea bargaining is an acceptance of a plea to a lesser offence or dropping a number of charges in exchange for a plea. Sometimes this is done to save a victim having to give evidence but of course may also be done to save the cost of a trial and the potential acquittal of a defendant. I would finally add that it is not unknown for a judge to put pressure on the prosecutor to accept a lesser plea especially where accompanied with an indication that the sentence will be the same.
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if it was the other way round there would have been marches in the street questions on the BBC question time and front page of the Guardian.
In the other case it would have been harder, but not impossible to prove. Whether they committed the crime because the victim was white is what the prosecution would have to demonstrate and on a quick butchers at the case I can't determine that one way or the other, although in the heat of committing the crime they certainly used a racially charged expression. There's a fine line here. My guess is that the CPS dropped the racially motivated element for this reason and as above a bit of plea bargaining most likely went on outside the court with their agreeing to plead guilty to a lesser offence rather than risk a heavier sentence and maybe the racial element got dropped as part of the negotiations.
For those who think that the CPS may have opted for the ABH rather than GBH, the charge preferred will depend on the extent of the seriousness of the injuries (as set out in a medical report and not in the victim's perception) but of course plea bargaining (sometimes known as charge bargaining) and 'fact' bargaining do go on even if the CPS doesn't outwardly admit it. Fact bargaining is where the CPS leave out some damaging comments in exchange for a plea, even though the charge remains the same. Plea bargaining is an acceptance of a plea to a lesser offence or dropping a number of charges in exchange for a plea. Sometimes this is done to save a victim having to give evidence but of course may also be done to save the cost of a trial and the potential acquittal of a defendant. I would finally add that it is not unknown for a judge to put pressure on the prosecutor to accept a lesser plea especially where accompanied with an indication that the sentence will be the same.
Interesting conversation so far.
blah
Interesting conversation so far. But some points of views come from their bubbles.
Seriously............she loves a nice pub and that's good enough for me.