Marine killer deserves clemency

[Pierre]

Originally Posted by Damien

He is looking at 15: http://www.cps.gov.uk/legal/s_to_u/s...er_cases/#an05

The lowest starting point he can get.

Not quite, although for serious offences sentencing in a court martial does align with civilian courts, in exceptional circumstances the court martial can vary.

It all depends on the pre- sentencing report and how good his defence is, and how compelling any mitigation is.

Originally Posted by SMG

Perhaps they may consider that as he rid the world of a terrorist, he should be given a light sentence?

They won't because the sentences are mandatory. Judges don't have the the ability to give an entirely different sentence at a whim. They must meet the minimum sentences set by law. Additionally the Armed Forces are not afforded an exemption from this. You also don't get an exemption if the victim was someone we don't especially care for.

---------- Post added at 22:09 ---------- Previous post was at 22:08 ----------

Originally Posted by Pierre

Not quite, although for serious offences sentencing in a court martial does align with civilian courts, in exceptional circumstances the court martial can vary.

It all depends on the pre- sentencing report and how good his defence is, and how compelling any mitigation is.

K. I did wonder if the Military Courts used the same guidelines. The reports I have seen have also estimated 15 years (presumably he'll be out in half).

[Pierre]

Originally Posted by Damien

As far as I can see that cannot happen. It's a mandatory minimum sentence.

http://www.justice.gov.uk/downloads/...rt-martial.pdf

Originally Posted by Pierre

http://www.justice.gov.uk/downloads/...rt-martial.pdf

Can't work that out. Seems like he can get life imprisonment but couldn't find the minimum sentence, maybe there isn't one. Still like I said reports suggest he'll get the minimum sentence a member of the public would get.

Originally Posted by Pierre

And do these arguments indicate he would kill a member of the public indiscriminately?

dunno he may be suffering from PTSD and this the reason he decided to kill this guy knowing it was wrong

---------- Post added at 22:20 ---------- Previous post was at 22:19 ----------

Originally Posted by SMG

Perhaps they may consider that as he rid the world of a terrorist, he should be given a light sentence?

if they do then I would have no problem with that

[Pierre]

Seems the avg time served for someone given a life sentence is between 13-16 years.

The shortest being just over 3 years.

I reckon he'll get a minimum tariff of 5. Which is still too long IMO

Originally Posted by Pierre

Seems the avg time served for someone given a life sentence is between 13-16 years.

The shortest being just over 3 years.

I reckon he'll get a minimum tariff of 5. Which is still too long IMO

Presumably that's after the various discounts have been applied?

[Pierre]

Originally Posted by tizmeinnit

if they do then I would have no problem with that

Bloody hell, didn't realise you changed your mind depending on which way the wind was blowing.

---------- Post added at 22:29 ---------- Previous post was at 22:26 ----------

Originally Posted by Damien

Presumably that's after the various discounts have been applied?

Yes.

It all depends on what minimum tariff he is given. He'll be pretty much guaranteed to walk once he's served that.

The lowest minimum tariff given ( up to 2011) was just less than 3 years.

Originally Posted by Pierre

Yes.

It all depends on what minimum tariff he is given. He'll be pretty much guaranteed to walk once he's served that.

The lowest minimum tariff given ( up to 2011) was just less than 3 years.

Who was given three years for murder? I thought it was a minimum of 15 years and then you can be out in half, and maybe a bit sooner depending on all the discounts etc. If someone got three years they would have been out in a year! :rem:

Either way he should get the same as a civilian would get for the same crime and circumstances.

Originally Posted by Pierre

Bloody hell, didn't realise you changed your mind depending on which way the wind was blowing.

---------- Post added at 22:29 ---------- Previous post was at 22:26 ----------



Yes.

It all depends on what minimum tariff he is given. He'll be pretty much guaranteed to walk once he's served that.

The lowest minimum tariff given ( up to 2011) was just less than 3 years.

read my posts in this thread I have issue with killing terrorists

What I do not want is him getting special treatment because he was a soldier

[SMG]

Originally Posted by Damien

Either way he should get the same as a civilian would get for the same crime and circumstances.

How can a civilian commit the same crime? This is a war zone.

Originally Posted by SMG

How can a civilian commit the same crime? This is a war zone.

and therefore a war crime

your logic would get him hung or shot

[SMG]

Originally Posted by tizmeinnit

and therefore a war crime

your logic would get him hung or shot

That`s Irrelevant to the question, in any case, some Germans found guilty of war crimes were imprisoned.

Originally Posted by SMG

How can a civilian commit the same crime? This is a war zone.

A civilian cannot commit the same crime exactly but they could commit a crime where there are a lot of difficult situations to consider. Someone who has been emotionally comprised, for lack of a better phrase, and doesn't think clearly.

I have no problem with these being considered in migration, as long as it's the same process that happens for everyone else. You consider the circumstances for him as you would for others. Crimes are not black and white and the ability to be compassionate and reasonable is a important part of a civilised justice system.

Originally Posted by SMG

That`s Irrelevant to the question, in any case, some Germans found guilty of war crimes were imprisoned.

as this guy will be