Man arrested over Abigail attack

Neil · 28-04-2005, 10:19

Quote:

Originally Posted by bbc

A 25-year-old Surrey man is being held by detectives hunting the attacker of Abigail Witchalls, stabbed in front of her young son in a quiet country lane.

http://news.bbc.co.uk/1/hi/england/s...es/4492119.stm

**Chris** · 28-04-2005, 10:22

I really hope they've got their man, but so far he's just been arrested, not charged with anything.

It's heartbreaking seeing pictures of that young woman with her family. Mrs T and our boy are similar ages to these people, it really brings it home.

Neil · 28-04-2005, 10:24

Quote:

Originally Posted by Chris T

I really hope they've got their man, but so far he's just been arrested, not charged with anything.

That's why I made no comment about it, just posted the news/link.

**Chris** · 28-04-2005, 10:27

Quote:

Originally Posted by Neil

That's why I made no comment about it, just posted the news/link.

I know, just getting my word in before the hang 'em high brigade discover this thread.

28-04-2005, 10:31

Quote:

Originally Posted by Chris T

I know, just getting my word in before the hang 'em high brigade discover this thread.

And if he is charged there's a trial to be had before he can be hung by that brigade too!

Awful crime - I hear what you're saying Chris.

28-04-2005, 10:38

Striking similarities to the wimbledon common attack and the other one where that little girl was the only survivor.

If this guy has done it, the police will find out, I just hope they dont rush the case because its national headline news.
If he hasnt done it, I just hope the papers dont try and start a witch hunt.

Its a savage attack, sadly however not uncommon any more.

EDIT:-

This sounds harsh but the question needs to be asked, what the hell was she doing walking that route on her own? Talk about remote!!! she shouldnt have to worry about being attacked but its a fact that these days you are not safe.

28-04-2005, 10:39

Quote:

Originally Posted by andyl

And if he is charged there's a trial to be had before he can be hung by that brigade too!

Awful crime - I hear what you're saying Chris.

And as the first of the hang 'em high brigade.

If, this guy is found guilty then he should have his spinal cord severed at the neck and be forced to live paralysed from the neck down and live on a ventalator for the rest of his days.

He's robbed this poor girl of her life and destroyed a family, I get so angry and upset whenever I hear of this case.

Yes, I'm thinking emotionally but I don't care.

**Derek S** · 28-04-2005, 10:48

As the second of the Hang'em high brigade I'll give my 2 cents worth.

*If* he is found to be guilty what is the likely sentence he'll be given?

5 years or so?

Not enough IMO

**Chris** · 28-04-2005, 10:55

Quote:

Originally Posted by dezzo

As the second of the Hang'em high brigade I'll give my 2 cents worth.

*If* he is found to be guilty what is the likely sentence he'll be given?

5 years or so?

Not enough IMO

For attempted murder? The person who did this could still get life, and if not I doubt it would be anything so lenient as five years.

**Derek S** · 28-04-2005, 10:59

Depends what he gets charged with. From memory most attacks which leave the victim severely impaired get charged with 'Wounding with Intent' and the standard term seems to be in the region of 5 years or so.

**Chris** · 28-04-2005, 11:04

Hmmm ... From what I have heard of the attack, they ought to be able to prove more than wounding with intent. The attacker cased them first, then threatened the toddler before stabbing the woman in the neck. It would be difficult to claim that a knife wound somewhere so critical as the neck was intended only to casuse severe harm.

**Derek S** · 28-04-2005, 11:17

This is the closest example I can find. Taken from here

Quote:

Originally Posted by NFH

Terror for boy, 6, as neighbour stabs dad
A six-year-old boy screamed in terror as he saw his dad repeatedly stabbed by a thug who was high on Buckfast wine, a court heard.

Six doctors and nurses spent hours fighting to save the life of Thomas McCabe, 45, after he was rushed to hospital.

He had been stabbed in his lung, stomach and through his arm. He has now lost the use of his right hand.

The High Court in Glasgow was told Mr McCabe underwent six operations in Monklands General Hospital, Airdrie.

His neighbour Kevin Bettley, 27, of Portree Avenue, Coatbridge, was jailed for seven years after admitting a charge of repeatedly stabbing and seriously assaulting him with a knife.
The attack happened after Bettley clashed with Mr McCabe outside his house in front of his young son.

Derek Nelson, defending, said Bettley, who has previous convictions for assault, had drunk a bottle of Buckfast before the stabbing.

Battley, who had originally been charged with attempted murder, was told by judge, Lord Nimmo Smith, that he had inflicted "appalling injuries" on his victim.

Stabbing, in front of children, originally charged with attempted murder and a smart lawyer gets a drop in charge. The victim permanently disabled.
7 years for a repeat offender and he'll be more than likely out in less than 5.

**Chris** · 28-04-2005, 11:23

Bummer.

28-04-2005, 11:35

Quote:

Originally Posted by dezzo

This is the closest example I can find. Taken from here

Stabbing, in front of children, originally charged with attempted murder and a smart lawyer gets a drop in charge. The victim permanently disabled.
7 years for a repeat offender and he'll be more than likely out in less than 5.

That does sound bizarre. Wonder what the background to that decision was and whether the CPS appealed the sentence.

**Chris** · 28-04-2005, 11:47

Quote:

Originally Posted by andyl

That does sound bizarre. Wonder what the background to that decision was and whether the CPS appealed the sentence.

I'd be interested to know that also. When I served on a jury a couple of years ago we heard a case in which a teenager who bottled someone outside a party was charged with two offences, wounding and wounding with intent. It was explained to us the difference between the two, which was in essence the extent to which the girl had planned to do the act beforehand. i.e. if she swung the bottle deliberately, but in the heat of the moment, that's wounding, but if she picked up a bottle indoors, intending to use it as a weapon, and went out looking for trouble, then that is intent.

In our case the evidence didn't support the higher charge, but if it had, then what the case Dezzo mentions shows is that a frenzied knife attack in which someone might have died is somehow equal in law to a row outside a disco in which someone was hit over the head with a bottle. That doesn't seem right.