Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Domestic Violence: How's this work?

All matters involving criminal law

Domestic Violence: How's this work?

Postby Hairyloon » Wed Mar 29, 2017 5:53 pm

An abusive husband was freed by a judge after falsely claiming that a prison sentence would ruin his prospects as a county cricketer.
Mustafa Bashir, 34, was spared jail by judge Richard Mansell QC after lawyers claimed he had been offered a contract by Leicestershire, as long as he avoided jail.
But hours after he walked free from court, the county said it was “bemused”, and had never heard of Bashir...

Passing an 18-month jail term suspended for two years, Judge Mansell ordered Bashir to attend a behavioural workshop, pay £1,000 costs and banned him from contacting Ms Karim.

He told Bashir: “I am not convinced she was a vulnerable person. Sometimes women who moved here from their country become trapped in a relationship where they lose their support network of family and friends and cannot speak the language.

“This is not the case here. She is plainly an intelligent woman with a network of friends and did go on to graduate university with a 2:1 and a masters – although this has had an ongoing effect on her.”


http://www.telegraph.co.uk/news/2017/03 ... s-friends/

It this kind of sentence typical for this kind of offence? Would it be different if a similar attack happened on the street?
Why does the victims vulnerability affect the sentence, and irrespective of whether or not it affected the sentence, was his false claim about the cricket contract perjury?
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9924
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Domestic Violence: How does this work?

Postby atticus » Wed Mar 29, 2017 5:56 pm

The Secret Barrister has blogged about this. I am sure you will be able to find what he has written. It should assist understanding.

Edit - here you are https://thesecretbarrister.com/2017/03/ ... telligent/
User avatar
atticus
 
Posts: 19540
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Domestic Violence: How does this work?

Postby atticus » Wed Mar 29, 2017 6:14 pm

I have also seen that some MPs may be asking the Attorney General to review the sentence, although I have seen it suggested that this may not be a case in which the sentence can be appealed. The Secret Barrister suggests another possible route.
User avatar
atticus
 
Posts: 19540
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Doestic Violence: How's this work?

Postby shootist » Wed Mar 29, 2017 6:34 pm

A disgusting case of Domestos violence.

Apologies all round, I couldn't resist it.

In reality I hate domestic violence of this type. There is simply no excuse for it. I understand the sudden loss of temper and basic assault that might follow, but this seemed 'reasoned' (you know what I mean) and repeated. There was also a racist element to the assaults which is usually expected to increase the severity of the sentence. He should, IMO, serve a lengthy prison sentence inside. More so if it can be proved that he mislead the court over his employment prospects.

This next part could so easily be taken wrong, but here goes. I am concerned about the aspect of vulnerability in respect of the victim's social environment. I feel fairly sure that if this incident happened between two estate chavs the perpetrator would have been whisked off to prison tout sweet regardless of doubtless having friends and family nearby.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3498
Joined: Sat Aug 10, 2013 9:40 pm

Re: Domestic Violence: How's this work?

Postby Smouldering Stoat » Wed Mar 29, 2017 7:14 pm

I've moved this to crime. The issues raised are criminal matters, not family ones.
Smouldering Stoat
 
Posts: 6286
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Domestic Violence: How does this work?

Postby Hairyloon » Wed Mar 29, 2017 8:51 pm

atticus wrote:The Secret Barrister has blogged about this. I am sure you will be able to find what he has written. It should assist understanding.

Edit - here you are https://thesecretbarrister.com/2017/03/ ... telligent/


Thank you.

Smouldering Stoat wrote:I've moved this to crime. The issues raised are criminal matters, not family ones.


Quite right. Sorry.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9924
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Domestic Violence: How does this work?

Postby Spankymonkey » Wed Mar 29, 2017 10:06 pm

atticus wrote:The Secret Barrister has blogged about this. I am sure you will be able to find what he has written. It should assist understanding.

Edit - here you are https://thesecretbarrister.com/2017/03/ ... telligent/


Interesting article. I had not heard of the slip rule before, and it remains to be seen if the defendant will soon be hearing about it.

It does make me wonder how much weight should be placed upon proof that the defendant had lied during mitigation, when that evidence has been unearthed, in effect, as a result of a retrial by media. Would not a prosecution for perjury be more appropriate in the circumstances?

shootist wrote:
I feel fairly sure that if this incident happened between two estate chavs the perpetrator would have been whisked off to prison tout sweet regardless of doubtless having friends and family nearby.

Class war rant shootist? How very hypocritical of you.
Spankymonkey
 
Posts: 305
Joined: Mon Feb 15, 2016 8:42 am

Re: Domestic Violence: How does this work?

Postby shootist » Thu Mar 30, 2017 4:40 pm

Spankymonkey wrote:
shootist wrote:
I feel fairly sure that if this incident happened between two estate chavs the perpetrator would have been whisked off to prison tout sweet regardless of doubtless having friends and family nearby.

Class war rant shootist? How very hypocritical of you.


Absolutely not. Just an observation on a lot of years locking up domestic violence offenders for offences a damned slight less serious and seeing them off to prison. And you might explain the 'very hypocritical' part of your statement. It has no basis in fact.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3498
Joined: Sat Aug 10, 2013 9:40 pm

Re: Domestic Violence: How's this work?

Postby atticus » Thu Mar 30, 2017 5:18 pm

Site rules warning, ladies.
User avatar
atticus
 
Posts: 19540
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Domestic Violence: How does this work?

Postby Maz JP » Thu Mar 30, 2017 5:19 pm

atticus wrote:The Secret Barrister has blogged about this. I am sure you will be able to find what he has written. It should assist understanding.

Edit - here you are https://thesecretbarrister.com/2017/03/ ... telligent/

That's an excellent article. Can't disagree with a word of it.
Maz JP
 
Posts: 329
Joined: Mon Nov 05, 2012 2:51 pm

Next

Return to Crime

Who is online

Users browsing this forum: No registered users and 3 guests

cron