• Sentencing of Just Stop Oil protesters

    From The Todal@21:1/5 to All on Sun Mar 9 09:44:52 2025
    The Court of Appeal has delivered a judgment which assesses whether any
    of the sentences were excessive. Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick
    blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    In relation to the "Sunflowers" case, the relevant points are:

    quote

    On 14 October 2022 two protesters threw soup onto Vincent van Gogh’s
    painting known as “Sunflowers” in the National Gallery. They were each convicted on 25 July 2024 of criminal damage contrary to s. 1(1) of the Criminal Damage Act 1971 and appeal against the immediate custodial
    sentences imposed on them on 27 September 2024 in the Crown Court at
    Southwark by HHJ Hehir, namely:
    i) Phoebe Plummer: 24 months’ imprisonment.
    ii) Anna Holland: 20 months’ imprisonment.

    In the Sunflowers case, the judge gave a careful ruling during the
    course of trial in which he held that neither the conviction nor the
    sentencing of the appellants engaged any issue of proportionality. In
    his judgment, Articles 10 and 11 did not apply at all because i) the
    actions of Ms Plummer and Mx Holland were violent and not peaceful;
    and ii) they caused significant damage.

    ...we consider that Ms Plummer and Mx Holland’s actions engaged Articles
    10 and 11. While shocking, their actions were not violent. For these
    reasons, Articles 10 and 11 were engaged on the facts of the Sunflowers
    case (albeit significantly weakened).

    The judge was fully entitled to place this offence in the high
    culpability category. The appellants devised a plan to carry out a
    particularly high profile stunt, they conducted reconnaissance, they
    equipped themselves with what was needed, they spoke to a journalist and
    they arranged for their activity to be filmed to maximise the attendant publicity. This was much more than just “Some planning”.

    First, it was submitted that there was no evidence that the painting
    was at risk of damage. This was a factual issue which the trial judge
    was well placed to assess and we see no reason to disagree with his
    assessment that the reaction of the gallery staff indicated that they considered that there was a risk of damage to the painting.

    Secondly, it was submitted that the judge misapplied s. 63 of the
    Sentencing Act 2020.

    We do not consider that Ms Plummer’s sentence of 24 months’ imprisonment was manifestly excessive or wrong in principle. Mx Holland’s sentence of
    20 months’ imprisonment was appreciably shorter than that imposed on Ms Plummer, to reflect the fact that, unlike Ms Plummer, she had given up
    offences of this nature. The judge took account of her youth. It was
    submitted that she was immature, but, in the respects we have indicated,
    the character references suggested that she was mature for her age. We
    dismiss her appeal for substantially the same reasons as we gave in Ms Plummer’s case.

    Conclusion:

    We quash the sentences imposed in the M25 Conspiracy Case and substitute
    the following sentences:
    a) Roger Hallam: 4 years’ imprisonment.
    b) Daniel Shaw: 3 years’ imprisonment.
    c) Lucia Whittaker de Abreu: 30 months’ imprisonment.
    d) Louise Lancaster: 3 years’ imprisonment.
    e) Cressida Gethin: 30 months’ imprisonment.

    In the M25 Gantry Climbers Case:
    a) We quash the sentence imposed on Gaie Delap and substitute a sentence
    of 18 months’ imprisonment.
    b) We dismiss the appeals by Paul Sousek, Theresa Higginson, Paul Bell
    and George Simonson

    In the Thurrock Tunnels Case, we dismiss the appeals by Chris Bennett,
    Dr Larch Maxey, Samuel Johnson and Joe Howlett.

    In the Sunflowers Case, we dismiss the appeals by Phoebe Plummer and
    Anna Holland

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-Others-Judgment.pdf

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to All on Sun Mar 9 10:38:39 2025
    If farmers causing a similar nuisance aren't prosecuted, then is there a
    case for thinking the JSO prosecutions are politically motivated ? Which
    is my current view.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to JNugent on Sun Mar 9 11:41:39 2025
    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any
    of the sentences were excessive. Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick
    blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    It's a valid enough opinion and is probably very widely held. Why should
    a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it finds that the trial judge has erred in applying the rules. The main decrease was from 4 to 3 years, hardly getting off scot free. Most cases were not altered. The reason was little to do with the actual crime.

    The "outrage" is synthetic and hypocritical.





    It's surely a better and more moral line to take than one which supports
    and praises criminal defendants?


    Hypocritical criticism of a technical decision is not particularly moral. Sympathising with a criminal defendant may or may not be moral depending quite why the sympathy is felt.



    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Sun Mar 9 11:24:29 2025
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any
    of the sentences were excessive. Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    It's a valid enough opinion and is probably very widely held. Why should
    a sympathetic newspaper not take that line?

    It's surely a better and more moral line to take than one which supports
    and praises criminal defendants?

    [snip]

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-Others-Judgment.pdf

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roger Hayter on Sun Mar 9 13:26:12 2025
    On 09/03/2025 11:41 AM, Roger Hayter wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any
    of the sentences were excessive. Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than >>> the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed >>> The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick
    blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    It's a valid enough opinion and is probably very widely held. Why should
    a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it finds that
    the trial judge has erred in applying the rules. The main decrease was from 4 to 3 years, hardly getting off scot free. Most cases were not altered. The reason was little to do with the actual crime.

    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong.
    The implication is that the reduction would send a possibly (I don't go
    as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is
    allowed to have and expound an opinion which would not gain approbation
    below the line on the Guardian Opinion page, that is.

    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And there is no sense in which it is "hypocritical".

    Those crimes were serious. Many people - innocent people - were harmed
    by them. They have to be adequately punished - and deterred.

    It's surely a better and more moral line to take than one which supports
    and praises criminal defendants?

    Hypocritical criticism of a technical decision is not particularly moral. Sympathising with a criminal defendant may or may not be moral depending quite
    why the sympathy is felt.

    As is so often said these days (particularly by governments): "It sends
    the wrong message".

    The world wasn't going to end just because some callous criminal had to
    do (an extra) 365 x 0.4 days in prison.

    "Pour encourager les autres" is apposite here.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to The Todal on Sun Mar 9 11:36:07 2025
    On 09/03/2025 09:44, The Todal wrote:
    The Court of Appeal has delivered a judgment which assesses whether any
    of the sentences were excessive.  Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed
    The decision by appeal judges to slash jail terms handed down to eco-
    zealots risks 'sending a dangerous message' to other activists, Tories
    warned last night. The party's justice spokesman Robert Jenrick blasted
    the reduction in sentences for six protesters involved in disruptive
    motorway climate demonstrations".   Unquote

    In relation to the "Sunflowers" case, the relevant points are:

    quote

    On 14 October 2022 two protesters threw soup onto Vincent van Gogh’s painting known as “Sunflowers” in the National Gallery. They were each convicted on 25 July 2024 of criminal damage contrary to s. 1(1) of the Criminal Damage Act 1971 and appeal against the immediate custodial
    sentences imposed on them on 27 September 2024 in the Crown Court at Southwark by HHJ Hehir, namely:
    i) Phoebe Plummer: 24 months’ imprisonment.
    ii) Anna Holland: 20 months’ imprisonment.

    In the Sunflowers case, the judge gave a careful ruling during the
    course of trial in which he held that neither the conviction nor the sentencing of the appellants engaged any issue of proportionality. In
    his judgment, Articles 10 and 11 did not apply at all because i) the
    actions of Ms Plummer and Mx Holland were violent and not peaceful;
    and ii) they caused significant damage.

    ...we consider that Ms Plummer and Mx Holland’s actions engaged Articles
    10 and 11. While shocking, their actions were not violent. For these
    reasons, Articles 10 and 11 were engaged on the facts of the Sunflowers
    case (albeit significantly weakened).

    The judge was fully entitled to place this offence in the high
    culpability category. The appellants devised a plan to carry out a particularly high profile stunt, they conducted reconnaissance, they
    equipped themselves with what was needed, they spoke to a journalist and
    they arranged for their activity to be filmed to maximise the attendant publicity. This was much more than just “Some planning”.

    That's interesting. How does 'planning' affect what criminal damage
    (the offence of which they were convicted) was actually caused? It may
    indeed have been planning in order to minimise any actual damage, eg by checking that it was in fact adequately protected from what they
    intended to do (which it was).

    The only actual 'damage' that was caused was not to the painting, which
    wasn't even touched, but only if anything to the frame, which probably
    needed a good clean anyway. And that hardly warranted a 2 year jail
    sentence.

    Of course the sentiments of the establishment, who for some reason like
    Van Gogh's rapid and garish daubs, were also being attacked, which
    probably accounts for the harsh sentences. But I don't think their hurt feelings actually come under the definition of the word 'property' as
    used in the Criminal Damage Act, so they shouldn't have had any bearing
    on the matter.

    First, it was submitted that there was no evidence that the painting
    was at risk of damage. This was a factual issue which the trial judge
    was well placed to assess and we see no reason to disagree with his assessment that the reaction of the gallery staff indicated that they considered that there was a risk of damage to the painting.

    That's interesting too. Do other peoples' reactions affect the actual
    damage for which one is convicted and sentenced?

    Besides, the absence of any damage whatsoever to the painting means they evaluated the risk, even if risk is at all relevant, totally excessively.

    Secondly, it was submitted that the judge misapplied s. 63 of the
    Sentencing Act 2020.

    We do not consider that Ms Plummer’s sentence of 24 months’ imprisonment was manifestly excessive or wrong in principle.

    Well, I do. I think the Court of Appeal has totally misdirected itself,
    and has lost sight of the fact that the offence with which she was
    charged was one of criminal damage to property, not of hurting
    establishment feelings. And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and- Others-Judgment.pdf

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to JNugent on Sun Mar 9 15:56:18 2025
    On 09/03/2025 13:26, JNugent wrote:
    On 09/03/2025 11:41 AM, Roger Hayter wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any >>>> of the sentences were excessive.  Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather
    than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences
    slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick >>>> blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations".   Unquote

    It's a valid enough opinion and is probably very widely held. Why should >>> a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it
    finds that
    the trial judge has erred in applying the rules. The main decrease was
    from 4
    to 3 years, hardly getting off scot free. Most cases were not altered.
    The
    reason was little to do with the actual crime.

    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong.
    The implication is that the reduction would send a possibly (I don't go
    as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is allowed to have and expound an opinion which would not gain approbation
    below the line on the Guardian Opinion page, that is.

    What has the Guardian got to do with it? Surely none of us should be
    obtaining our opinions from our favourite newspapers?


    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And maybe you should be humble enough to accept and appreciate that the
    task of sentencing an offender is a skill that involves training and
    reference to past cases and to sentencing guidelines. The opinion of Joe
    Public is therefore quite worthless. It would be like asking Joe Public
    to vote on what the separation distance between incoming aircraft at
    Heathrow ought to be, or some other specialised topic where a mistake
    could have important ramifications.

    Robert Jenrick is obviously one of those crowd-pleasing politicians who
    tries to garner votes by saying that judges are stupid. Of course, he
    isn't the only one. Labour Justice Secretary Shabana Mahmood recently complained about new sentencing guidelines that were drawn up by the
    Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have infected some of our own politicians.


    And there is no sense in which it is "hypocritical".

    Those crimes were serious. Many people - innocent people - were harmed
    by them. They have to be adequately punished - and deterred.

    Is it your impression after reading the court judgment with due care and attention that the judges lost sight of those principles?



    It's surely a better and more moral line to take than one which supports >>> and praises criminal defendants?

    How about a line that supports the decisions made by judges and accepts
    that sometimes a slightly reduced sentence is appropriate and is still
    an adequate deterrent?


    Hypocritical criticism of a technical decision is not particularly moral.
    Sympathising with a criminal defendant may or may not be moral
    depending quite
    why the sympathy is felt.

    As is so often said these days (particularly by governments): "It sends
    the wrong message".

    No, the wrong message is "Judges get it wrong again. If only our
    government had wider powers to increase sentences without asking judges
    for permission, we'd have a better society and citizens would behave
    themselves for fear of being thrown into gaol".



    The world wasn't going to end just because some callous criminal had to
    do (an extra) 365 x 0.4 days in prison.

    "Pour encourager les autres" is apposite here.


    Jenrick certainly encourages les autres to disrespect our judges and our justice system. Maybe he is a disciple of Donald Trump.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Sun Mar 9 17:27:55 2025
    On 09/03/2025 03:56 PM, The Todal wrote:

    On 09/03/2025 13:26, JNugent wrote:
    On 09/03/2025 11:41 AM, Roger Hayter wrote:
    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether
    any of the sentences were excessive. Perhaps predictably the Press
    has focused its attention on the few sentences that were reduced
    rather than the majority that were upheld. The Daily Mail was
    furious.
    Quote:
    "Outrage as eco-zealots win court appeal to have their sentences
    slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick >>>>> blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    It's a valid enough opinion and is probably very widely held. Why
    should a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it
    finds that the trial judge has erred in applying the rules. The main
    decrease was from 4 to 3 years, hardly getting off scot free. Most
    cases were not altered. The reason was little to do with the actual crime. >>
    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong.
    The implication is that the reduction would send a possibly (I don't
    go as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is
    allowed to have and expound an opinion which would not gain
    approbation below the line on the Guardian Opinion page, that is.

    What has the Guardian got to do with it? Surely none of us should be obtaining our opinions from our favourite newspapers?

    You know full well what I was saying and what it meant. It was plain
    enough. The Graun BTL page is a handy reference point.

    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And maybe you should be humble enough to accept and appreciate that the
    task of sentencing an offender is a skill that involves training and reference to past cases and to sentencing guidelines. The opinion of Joe Public is therefore quite worthless. It would be like asking Joe Public
    to vote on what the separation distance between incoming aircraft at
    Heathrow ought to be, or some other specialised topic where a mistake
    could have important ramifications.

    All true and not denied.

    It does not, however, mean that others are not allowed to disagree with
    the value judgment parts of the decision or that they are not allowed to eninciate those disagreements.

    I am sure that you will not disagree with that.

    At least, I hope so.

    Robert Jenrick is obviously one of those crowd-pleasing politicians who
    tries to garner votes by saying that judges are stupid.

    Dod he *say* that?

    If he didn't (and he didn't), what are you talking about?

    Of course, he
    isn't the only one. Labour Justice Secretary Shabana Mahmood recently complained about new sentencing guidelines that were drawn up by the Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have infected some of our own politicians.

    We ought to be glad that at least some of our Top People (of bot major
    parties, it now seems) are alive to the viewpoints of plebs like us.

    And there is no sense in which it is "hypocritical".

    Those crimes were serious. Many people - innocent people - were harmed
    by them. They have to be adequately punished - and deterred.

    Is it your impression after reading the court judgment with due care and attention that the judges lost sight of those principles?

    The message comes across as "These people aren't really bad; they need
    to be understood and have allowances made for their own views, which
    they think givs them rights over people".

    It's surely a better and more moral line to take than one which
    supports and praises criminal defendants?

    How about a line that supports the decisions made by judges and accepts
    that sometimes a slightly reduced sentence is appropriate and is still
    an adequate deterrent?

    That needs an argument and a discussion.

    Why are you trying to stifle that by criticising the media outlets which reflect the views of ordinary people and which speak up for those views?

    Hypocritical criticism of a technical decision is not particularly
    moral.
    Sympathising with a criminal defendant may or may not be moral
    depending quite why the sympathy is felt.

    As is so often said these days (particularly by governments): "It
    sends the wrong message".

    No, the wrong message is "Judges get it wrong again. If only our
    government had wider powers to increase sentences without asking judges
    for permission, we'd have a better society and citizens would behave themselves for fear of being thrown into gaol".

    The wrong message (see above) was sent by the recent decision.

    The world wasn't going to end just because some callous criminal had
    to do (an extra) 365 x 0.4 days in prison.

    "Pour encourager les autres" is apposite here.

    Jenrick certainly encourages les autres to disrespect our judges and our justice system. Maybe he is a disciple of Donald Trump.

    Maybe you can quote something credible to that effect.

    Or maybe not.

    As I asked RH, please be at least humble enough to accept and
    acknowledge that many, many people, people with the same rights as you,
    do not hold the same views as you. It is at least possible (if not
    probable) that they are the majority.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From kat@21:1/5 to The Todal on Sun Mar 9 18:38:09 2025
    The Todal <the_todal@icloud.com> wrote:
    On 09/03/2025 13:26, JNugent wrote:
    On 09/03/2025 11:41 AM, Roger Hayter wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any >>>>> of the sentences were excessive.  Perhaps predictably the Press has >>>>> focused its attention on the few sentences that were reduced rather
    than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences
    slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick >>>>> blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations".   Unquote

    It's a valid enough opinion and is probably very widely held. Why should >>>> a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it
    finds that
    the trial judge has erred in applying the rules. The main decrease was
    from 4
    to 3 years, hardly getting off scot free. Most cases were not altered.
    The
    reason was little to do with the actual crime.

    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong.
    The implication is that the reduction would send a possibly (I don't go
    as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is
    allowed to have and expound an opinion which would not gain approbation
    below the line on the Guardian Opinion page, that is.

    What has the Guardian got to do with it? Surely none of us should be obtaining our opinions from our favourite newspapers?


    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And maybe you should be humble enough to accept and appreciate that the
    task of sentencing an offender is a skill that involves training and reference to past cases and to sentencing guidelines. The opinion of Joe Public is therefore quite worthless. It would be like asking Joe Public
    to vote on what the separation distance between incoming aircraft at
    Heathrow ought to be, or some other specialised topic where a mistake
    could have important ramifications.

    Robert Jenrick is obviously one of those crowd-pleasing politicians who
    tries to garner votes by saying that judges are stupid. Of course, he
    isn't the only one. Labour Justice Secretary Shabana Mahmood recently complained about new sentencing guidelines that were drawn up by the Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have infected some of our own politicians.




    She said that as a woman and as a member of an ethnic minority she did not
    see why she should get special treatment, that we should all be equal.

    Can you explain why she is wrong?





    --

    kat >^..^<

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to kat on Sun Mar 9 19:11:35 2025
    On 09/03/2025 18:38, kat wrote:
    The Todal <the_todal@icloud.com> wrote:
    On 09/03/2025 13:26, JNugent wrote:
    On 09/03/2025 11:41 AM, Roger Hayter wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:
    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any >>>>>> of the sentences were excessive.  Perhaps predictably the Press has >>>>>> focused its attention on the few sentences that were reduced rather >>>>>> than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences
    slashed
    The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists, >>>>>> Tories warned last night. The party's justice spokesman Robert Jenrick >>>>>> blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations".   Unquote

    It's a valid enough opinion and is probably very widely held. Why should >>>>> a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it
    finds that
    the trial judge has erred in applying the rules. The main decrease was >>>> from 4
    to 3 years, hardly getting off scot free. Most cases were not altered. >>>> The
    reason was little to do with the actual crime.

    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong.
    The implication is that the reduction would send a possibly (I don't go
    as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is
    allowed to have and expound an opinion which would not gain approbation
    below the line on the Guardian Opinion page, that is.

    What has the Guardian got to do with it? Surely none of us should be
    obtaining our opinions from our favourite newspapers?


    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And maybe you should be humble enough to accept and appreciate that the
    task of sentencing an offender is a skill that involves training and
    reference to past cases and to sentencing guidelines. The opinion of Joe
    Public is therefore quite worthless. It would be like asking Joe Public
    to vote on what the separation distance between incoming aircraft at
    Heathrow ought to be, or some other specialised topic where a mistake
    could have important ramifications.

    Robert Jenrick is obviously one of those crowd-pleasing politicians who
    tries to garner votes by saying that judges are stupid. Of course, he
    isn't the only one. Labour Justice Secretary Shabana Mahmood recently
    complained about new sentencing guidelines that were drawn up by the
    Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have
    infected some of our own politicians.




    She said that as a woman and as a member of an ethnic minority she did not see why she should get special treatment, that we should all be equal.

    Can you explain why she is wrong?


    She is wrong because she has misunderstood the guidance from the
    Sentencing Council or is carelessly misinterpreting it to mean that
    members of an ethnic community should be somehow treated more leniently.

    I think perhaps she is worried that the likes of the Daily Mail will misinterpret the guidance so instead of informing and educating the
    electorate, she pretends that the Daily Mail has got it right. Thereby
    proving that she is no pinko liberal justice secretary.

    I'm not sure than any journalists have bothered to explain the new
    guideline properly. It is often more newsworthy to pretend that a
    controversy exists, than to play it down. But if you read the
    guidelines you may decide that they are totally reasonable and do not
    imply that anyone will get a "get out of gaol free" card. A pre-sentence
    report is to ensure that the convicted person gets a fair and objective
    hearing without unconscious bias on the part of the magistrates.

    Those Guidelines Summarised: [quote]

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:


    at risk of first custodial sentence and/or at risk of a custodial
    sentence of 2 years or less (after taking into account any reduction for
    guilty plea)
    a young adult (typically 18-25 years; see further information below
    at section 3)
    female (see further information below at section 3)
    from an ethnic minority, cultural minority, and/or faith minority community
    pregnant or post-natal
    sole or primary carer for dependent relatives

    Or if the court considers that one or more of the following may apply to
    the offender:

    has disclosed they are transgender
    has or may have any addiction issues
    has or may have a serious chronic medical condition or physical disability, or mental ill health, learning disabilities (including developmental disorders and neurodiverse conditions) or brain injury/damage
    or; the court considers that the offender is, or there is a risk
    that they may have been, a victim of:
    domestic abuse, physical or sexual abuse, violent or
    threatening behaviour, coercive or controlling behaviour, economic, psychological, emotional or any other abuse
    modern slavery or trafficking, or
    coercion, grooming, intimidation or exploitation.

    This is a non-exhaustive list and a PSR can still be necessary if the individual does not fall into one of these cohorts.

    [unquote]

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Martin Harran on Sun Mar 9 20:26:30 2025
    On 9 Mar 2025 at 18:27:43 GMT, "Martin Harran" <martinharran@gmail.com> wrote:

    On 9 Mar 2025 11:41:39 GMT, Roger Hayter <roger@hayter.org> wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote:

    On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any >>>> of the sentences were excessive. Perhaps predictably the Press has
    focused its attention on the few sentences that were reduced rather than >>>> the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed >>>> The decision by appeal judges to slash jail terms handed down to
    eco-zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert Jenrick >>>> blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations". Unquote

    It's a valid enough opinion and is probably very widely held. Why should >>> a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it finds that
    the trial judge has erred in applying the rules. The main decrease was from 4
    to 3 years, hardly getting off scot free.

    It strikes me that if the reduced sentences had been originally set,
    the Daily mail and its followers would have been delighted with them!


    Precisely; the populists of the DM are rabble-rousing their moronic readers regardless of whether the original sentence was too high or why it has been reduced. The readers might care to share a few brain cells and work out
    whether the final sentence is reasonable, regardless of whether it has just been increased or reduced. Using their expert knowledge of the sentencing guidelines, perhaps.

    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to Norman Wells on Sun Mar 9 20:27:30 2025
    On 09/03/2025 11:36, Norman Wells wrote:
    On 09/03/2025 09:44, The Todal wrote:
    The Court of Appeal has delivered a judgment which assesses whether
    any of the sentences were excessive.  Perhaps predictably the Press
    has focused its attention on the few sentences that were reduced
    rather than the majority that were upheld. The Daily Mail was furious.
    Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed
    The decision by appeal judges to slash jail terms handed down to eco-
    zealots risks 'sending a dangerous message' to other activists, Tories
    warned last night. The party's justice spokesman Robert Jenrick
    blasted the reduction in sentences for six protesters involved in
    disruptive motorway climate demonstrations".   Unquote

    In relation to the "Sunflowers" case, the relevant points are:

    quote

    On 14 October 2022 two protesters threw soup onto Vincent van Gogh’s
    painting known as “Sunflowers” in the National Gallery. They were each >> convicted on 25 July 2024 of criminal damage contrary to s. 1(1) of
    the Criminal Damage Act 1971 and appeal against the immediate
    custodial sentences imposed on them on 27 September 2024 in the Crown
    Court at Southwark by HHJ Hehir, namely:
    i) Phoebe Plummer: 24 months’ imprisonment.
    ii) Anna Holland: 20 months’ imprisonment.

    In the Sunflowers case, the judge gave a careful ruling during the
    course of trial in which he held that neither the conviction nor the
    sentencing of the appellants engaged any issue of proportionality. In
    his judgment, Articles 10 and 11 did not apply at all because i) the
    actions of Ms Plummer and Mx Holland were violent and not peaceful;
    and ii) they caused significant damage.

    ...we consider that Ms Plummer and Mx Holland’s actions engaged
    Articles 10 and 11. While shocking, their actions were not violent.
    For these reasons, Articles 10 and 11 were engaged on the facts of the
    Sunflowers case (albeit significantly weakened).

    The judge was fully entitled to place this offence in the high
    culpability category. The appellants devised a plan to carry out a
    particularly high profile stunt, they conducted reconnaissance, they
    equipped themselves with what was needed, they spoke to a journalist
    and they arranged for their activity to be filmed to maximise the
    attendant
    publicity. This was much more than just “Some planning”.

    That's interesting.  How does 'planning' affect what criminal damage
    (the offence of which they were convicted) was actually caused?  It may indeed have been planning in order to minimise any actual damage, eg by checking that it was in fact adequately protected from what they
    intended to do (which it was).

    The only actual 'damage' that was caused was not to the painting, which wasn't even touched, but only if anything to the frame, which probably
    needed a good clean anyway.  And that hardly warranted a 2 year jail sentence.

    Of course the sentiments of the establishment, who for some reason like
    Van Gogh's rapid and garish daubs, were also being attacked, which
    probably accounts for the harsh sentences.  But I don't think their hurt feelings actually come under the definition of the word 'property' as
    used in the Criminal Damage Act, so they shouldn't have had any bearing
    on the matter.

    First, it was submitted that there was no evidence that the painting
    was at risk of damage. This was a factual issue which the trial judge
    was well placed to assess and we see no reason to disagree with his
    assessment that the reaction of the gallery staff indicated that they
    considered that there was a risk of damage to the painting.

    That's interesting too.  Do other peoples' reactions affect the actual damage for which one is convicted and sentenced?

    Besides, the absence of any damage whatsoever to the painting means they evaluated the risk, even if risk is at all relevant, totally excessively.

    Secondly, it was submitted that the judge misapplied s. 63 of the
    Sentencing Act 2020.

    We do not consider that Ms Plummer’s sentence of 24 months’
    imprisonment was manifestly excessive or wrong in principle.

    Well, I do.  I think the Court of Appeal has totally misdirected itself,
    and has lost sight of the fact that the offence with which she was
    charged was one of criminal damage to property, not of hurting
    establishment feelings.  And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-
    Others-Judgment.pdf


    I think yours might not be an opinion that reflects the majority view
    but you have probably expressed the view of the Just Stop Oil movement
    which I would guess might well try to finance an appeal to the Supreme
    Court - which as you know, would be wholly futile.

    There was no question of "hurting establishment feelings". They took a
    risk when throwing soup at a valuable work of art. They didn't "evaluate
    the risk" at all, because they were in no position to do so. They
    naively expected the glass cover to protect the painting from any
    seepage and seemingly their guess proved to be right. Guessing correctly
    does not in any way reduce the seriousness of the crime. It's not very different from setting a work of art on fire in the confident belief
    that the gallery staff will quickly use a fire extinguisher.

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison
    sentences were well deserved, for the Sunflowers attack.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to jethro_uk@hotmailbin.com on Sun Mar 9 21:36:16 2025
    On Sun, 9 Mar 2025 10:38:39 -0000 (UTC), Jethro_uk
    <jethro_uk@hotmailbin.com> wrote:

    If farmers causing a similar nuisance aren't prosecuted, then is there a
    case for thinking the JSO prosecutions are politically motivated ? Which
    is my current view.

    JSO activists weren't prosecuted for holding demonstrations in Whitehall.
    And if farmers blocked the M25 or threw manure at artworks in the National gallery then they would be prosecuted.

    Peaceful protests on the streets are accepted, even if they cause some inconvenience to people who would prefer to use the streets for other
    purposes. As well as farmers, recent mass protests include demonstrations protesting against deaths in custody, demonstrations supporting the jailed
    liar and thug Stephen Yaxley-Lennon, demonstrations opposing the jailed liar and thug Stephen Yaxley-Lennon, demonstrations supporting the Palestinians, demonstrations calling for the release of Jewish hostages held by
    Palestinians, marches calling for action on climate change, demonstrations calling for an end to net zero policies, and protests by anti-racism campaigners following the Southport riots. All of these were permitted to go ahead, and, while a few individuals taking part in them may have acted illegally in doing so (and were arrested for that), the majority of participants were simply kept under observation by the police and allowed to make their point.

    Where we draw the line insofar as the roads are concerned is deliberately blocking major arterial highways. And criminal damage and violence are
    always beyond the pale, irrespective of who utilises them.

    JSO's problem is that they don't have enough supporters to fill the streets
    of London in the way that farmers, Palestinians and mainstream climate
    change campaigners have done. The media isn't going to report on a handful
    of JSO activists waving a banner in Trafalgar Square. So in order to get noticed, they instead choose to break the law. They block major roads, they damage property. That's their choice, and they make that choice in full cognisance of the consequences. So they can hardly claim that the police,
    and the courts, are treating them unfairly.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to The Todal on Sun Mar 9 21:31:05 2025
    On 09/03/2025 20:27, The Todal wrote:
    On 09/03/2025 11:36, Norman Wells wrote:
    On 09/03/2025 09:44, The Todal wrote:
    The Court of Appeal has delivered a judgment which assesses whether
    any of the sentences were excessive.  Perhaps predictably the Press
    has focused its attention on the few sentences that were reduced
    rather than the majority that were upheld. The Daily Mail was
    furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences slashed >>> The decision by appeal judges to slash jail terms handed down to eco-
    zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert
    Jenrick blasted the reduction in sentences for six protesters
    involved in disruptive motorway climate demonstrations".   Unquote

    In relation to the "Sunflowers" case, the relevant points are:

    quote

    On 14 October 2022 two protesters threw soup onto Vincent van Gogh’s
    painting known as “Sunflowers” in the National Gallery. They were
    each convicted on 25 July 2024 of criminal damage contrary to s. 1(1)
    of the Criminal Damage Act 1971 and appeal against the immediate
    custodial sentences imposed on them on 27 September 2024 in the Crown
    Court at Southwark by HHJ Hehir, namely:
    i) Phoebe Plummer: 24 months’ imprisonment.
    ii) Anna Holland: 20 months’ imprisonment.

    In the Sunflowers case, the judge gave a careful ruling during the
    course of trial in which he held that neither the conviction nor the
    sentencing of the appellants engaged any issue of proportionality. In
    his judgment, Articles 10 and 11 did not apply at all because i) the
    actions of Ms Plummer and Mx Holland were violent and not peaceful;
    and ii) they caused significant damage.

    ...we consider that Ms Plummer and Mx Holland’s actions engaged
    Articles 10 and 11. While shocking, their actions were not violent.
    For these reasons, Articles 10 and 11 were engaged on the facts of
    the Sunflowers case (albeit significantly weakened).

    The judge was fully entitled to place this offence in the high
    culpability category. The appellants devised a plan to carry out a
    particularly high profile stunt, they conducted reconnaissance, they
    equipped themselves with what was needed, they spoke to a journalist
    and they arranged for their activity to be filmed to maximise the
    attendant
    publicity. This was much more than just “Some planning”.

    That's interesting.  How does 'planning' affect what criminal damage
    (the offence of which they were convicted) was actually caused?  It
    may indeed have been planning in order to minimise any actual damage,
    eg by checking that it was in fact adequately protected from what they
    intended to do (which it was).

    The only actual 'damage' that was caused was not to the painting,
    which wasn't even touched, but only if anything to the frame, which
    probably needed a good clean anyway.  And that hardly warranted a 2
    year jail sentence.

    Of course the sentiments of the establishment, who for some reason
    like Van Gogh's rapid and garish daubs, were also being attacked,
    which probably accounts for the harsh sentences.  But I don't think
    their hurt feelings actually come under the definition of the word
    'property' as used in the Criminal Damage Act, so they shouldn't have
    had any bearing on the matter.

    First, it was submitted that there was no evidence that the painting
    was at risk of damage. This was a factual issue which the trial judge
    was well placed to assess and we see no reason to disagree with his
    assessment that the reaction of the gallery staff indicated that they
    considered that there was a risk of damage to the painting.

    That's interesting too.  Do other peoples' reactions affect the actual
    damage for which one is convicted and sentenced?

    Besides, the absence of any damage whatsoever to the painting means
    they evaluated the risk, even if risk is at all relevant, totally
    excessively.

    Secondly, it was submitted that the judge misapplied s. 63 of the
    Sentencing Act 2020.

    We do not consider that Ms Plummer’s sentence of 24 months’
    imprisonment was manifestly excessive or wrong in principle.

    Well, I do.  I think the Court of Appeal has totally misdirected
    itself, and has lost sight of the fact that the offence with which she
    was charged was one of criminal damage to property, not of hurting
    establishment feelings.  And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-
    Others-Judgment.pdf


    I think yours might not be an opinion that reflects the majority view
    but you have probably expressed the view of the Just Stop Oil movement
    which I would guess might well try to finance an appeal to the Supreme
    Court - which as you know, would be wholly futile.

    Not necessarily. They'd have to get leave of course from either the
    Court of Appeal or from the Supreme Court itself but if the Court of
    Appeal has erred in its application of the law, eg by thinking that
    other people's panicky reactions are relevant to a crime, then there
    could be legitimate grounds on which to appeal.

    There was no question of "hurting establishment feelings".

    That's your opinion. Mine is different.

    To me, the sentence seems greatly excessive having regard to the damage
    that was actually caused, which is all that I say is relevant. And
    that, if anything was to the frame not the picture.

    They took a
    risk when throwing soup at a valuable work of art.

    Maybe, but they didn't damage it, so there is nothing significant in
    that. If you don't damage or destroy something, no offence of criminal
    damage has been committed. The clue is in the name.

    Besides, if the painting had been properly protected from the public, as
    would be expected, and may well have been sussed out by the protestors
    in their meticulous 'planning', the risk of damaging it could be very
    low indeed. As indeed it proved.

    They didn't "evaluate
    the risk" at all, because they were in no position to do so.

    The Court of Appeal made out that they did considerable planning. I
    think the risk of causing damage was almost certainly evaluated as part
    of that so as to maximise the protest but minimise their criminality.

    They
    naively expected the glass cover to protect the painting from any
    seepage and seemingly their guess proved to be right.

    Glass covers on 'important' works of art are much more than just a sheet
    you put over a photo of your gran. If you've ever seen the Mona Lisa in
    Paris, you'll appreciate it would take a nuclear bomb even to graze the surface.

    Guessing correctly
    does not in any way reduce the seriousness of the crime.

    The crime is that of damaging or destroying.

    It follows that no crime at all was committed in connection with the
    painting, which was not damaged in the slightest.

    It's not very
    different from setting a work of art on fire in the confident belief
    that the gallery staff will quickly use a fire extinguisher.

    Of course it is. There the painting is damaged or destroyed. That
    would fall squarely within the scope of the Act.

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison sentences were well deserved, for the Sunflowers attack.

    Perhaps you would outline exactly what law justifies imprisonment for a non-crime because others may commit actual crimes in the future?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Mon Mar 10 00:50:44 2025
    On 09/03/2025 08:27 PM, The Todal wrote:

    On 09/03/2025 11:36, Norman Wells wrote:

    [ ... ]

    ... I think the Court of Appeal has totally misdirected
    itself, and has lost sight of the fact that the offence with which she
    was charged was one of criminal damage to property, not of hurting
    establishment feelings. And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-
    Others-Judgment.pdf

    I think yours might not be an opinion that reflects the majority view
    but you have probably expressed the view of the Just Stop Oil movement
    which I would guess might well try to finance an appeal to the Supreme
    Court - which as you know, would be wholly futile.

    There was no question of "hurting establishment feelings". They took a
    risk when throwing soup at a valuable work of art. They didn't "evaluate
    the risk" at all, because they were in no position to do so. They
    naively expected the glass cover to protect the painting from any
    seepage and seemingly their guess proved to be right. Guessing correctly
    does not in any way reduce the seriousness of the crime. It's not very different from setting a work of art on fire in the confident belief
    that the gallery staff will quickly use a fire extinguisher.

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison sentences were well deserved, for the Sunflowers attack.

    I don't believe that the majority of normal people with lives to lead,
    people to see and places to go *would* tolerate any more of what we saw
    a summer or so back. And there is no reason why they ought to.

    You say "disruption to our travel plans" as though being held in a
    stationary traffic jam for hours on rnd is a trivial matter to be
    laughed off as a jolly jape.

    If we wanted to be delayed, we'd travel by bus or train.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Andy Burns@21:1/5 to All on Mon Mar 10 08:59:42 2025
    The Todal quoted:

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:

        female
        pregnant or post-natal
    why mention pregnancy, if all females are included anyway?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to The Todal on Mon Mar 10 00:58:08 2025
    On 09/03/2025 07:11 PM, The Todal wrote:

    On 09/03/2025 18:38, kat wrote:
    The Todal <the_todal@icloud.com> wrote:

    [ ... ]

    ... Labour Justice Secretary Shabana Mahmood recently
    complained about new sentencing guidelines that were drawn up by the
    Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have >>> infected some of our own politicians.

    She said that as a woman and as a member of an ethnic minority she did
    not see why she should get special treatment, that we should all be equal. >> Can you explain why she is wrong?

    She is wrong because she has misunderstood the guidance from the
    Sentencing Council or is carelessly misinterpreting it to mean that
    members of an ethnic community should be somehow treated more leniently.

    For what possible purpose could a court be guided to take account of the
    sex, substance addiction, gender-alignment, minority race or minority
    cultural background of an offender unless it were aimed at reducing the severity of the sentence?

    I assume we can be fairly certain that the guidance is not aimed at
    increasing the sentences handed down to those groups. Or do you disagree
    with that?

    I think perhaps she is worried that the likes of the Daily Mail will misinterpret the guidance so instead of informing and educating the electorate, she pretends that the Daily Mail has got it right. Thereby proving that she is no pinko liberal justice secretary.

    And recognising that "right on" thought on these matters is not
    acceptable to the majority of the population.

    I'm not sure than any journalists have bothered to explain the new
    guideline properly. It is often more newsworthy to pretend that a
    controversy exists, than to play it down. But if you read the
    guidelines you may decide that they are totally reasonable and do not
    imply that anyone will get a "get out of gaol free" card. A pre-sentence report is to ensure that the convicted person gets a fair and objective hearing without unconscious bias on the part of the magistrates.

    Those Guidelines Summarised: [quote]

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:

    at risk of first custodial sentence and/or at risk of a custodial sentence of 2 years or less (after taking into account any reduction for guilty plea)
    a young adult (typically 18-25 years; see further information below
    at section 3)
    female (see further information below at section 3)
    from an ethnic minority, cultural minority, and/or faith minority community
    pregnant or post-natal
    sole or primary carer for dependent relatives

    Or if the court considers that one or more of the following may apply to
    the offender:

    has disclosed they are transgender
    has or may have any addiction issues
    has or may have a serious chronic medical condition or physical disability, or mental ill health, learning disabilities (including developmental disorders and neurodiverse conditions) or brain injury/damage
    or; the court considers that the offender is, or there is a risk
    that they may have been, a victim of:
    domestic abuse, physical or sexual abuse, violent or
    threatening behaviour, coercive or controlling behaviour, economic, psychological, emotional or any other abuse
    modern slavery or trafficking, or
    coercion, grooming, intimidation or exploitation.

    This is a non-exhaustive list and a PSR can still be necessary if the individual does not fall into one of these cohorts.

    [unquote]

    In any or all of those circumstances, what would the purpose of the P-SR
    be it would not be appropriate for offenders who are not in any of those groups?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From kat@21:1/5 to The Todal on Sun Mar 9 23:29:19 2025
    The Todal <the_todal@icloud.com> wrote:
    On 09/03/2025 18:38, kat wrote:
    The Todal <the_todal@icloud.com> wrote:
    On 09/03/2025 13:26, JNugent wrote:
    On 09/03/2025 11:41 AM, Roger Hayter wrote:

    On 9 Mar 2025 at 11:24:29 GMT, "JNugent" <JNugent73@mail.com> wrote: >>>>>> On 09/03/2025 09:44 AM, The Todal wrote:

    The Court of Appeal has delivered a judgment which assesses whether any >>>>>>> of the sentences were excessive.  Perhaps predictably the Press has >>>>>>> focused its attention on the few sentences that were reduced rather >>>>>>> than
    the majority that were upheld. The Daily Mail was furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences >>>>>>> slashed
    The decision by appeal judges to slash jail terms handed down to >>>>>>> eco-zealots risks 'sending a dangerous message' to other activists, >>>>>>> Tories warned last night. The party's justice spokesman Robert Jenrick >>>>>>> blasted the reduction in sentences for six protesters involved in >>>>>>> disruptive motorway climate demonstrations".   Unquote

    It's a valid enough opinion and is probably very widely held. Why should >>>>>> a sympathetic newspaper not take that line?

    The appeal court regularly decreases or increases sentences when it
    finds that
    the trial judge has erred in applying the rules. The main decrease was >>>>> from 4
    to 3 years, hardly getting off scot free. Most cases were not altered. >>>>> The
    reason was little to do with the actual crime.

    I didn't claim that anyone was getting off "scot free". I pointed out
    that many people would regard the reduction in the sentences as wrong. >>>> The implication is that the reduction would send a possibly (I don't go >>>> as far as "probably") a counter-productive message, leading to an
    emboldening of those criminals and others tempted to commit copycat
    crimes against the population.

    That is a valid opinion. Well, unless it is now a given that no-one is >>>> allowed to have and expound an opinion which would not gain approbation >>>> below the line on the Guardian Opinion page, that is.

    What has the Guardian got to do with it? Surely none of us should be
    obtaining our opinions from our favourite newspapers?


    The "outrage" is synthetic and hypocritical.

    It certainly isn't synthetic. It will be sincerely and honestly held.
    Please be humble enough to accept and appreciate that not everyone
    thinks as you do.

    And maybe you should be humble enough to accept and appreciate that the
    task of sentencing an offender is a skill that involves training and
    reference to past cases and to sentencing guidelines. The opinion of Joe >>> Public is therefore quite worthless. It would be like asking Joe Public
    to vote on what the separation distance between incoming aircraft at
    Heathrow ought to be, or some other specialised topic where a mistake
    could have important ramifications.

    Robert Jenrick is obviously one of those crowd-pleasing politicians who
    tries to garner votes by saying that judges are stupid. Of course, he
    isn't the only one. Labour Justice Secretary Shabana Mahmood recently
    complained about new sentencing guidelines that were drawn up by the
    Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to have >>> infected some of our own politicians.




    She said that as a woman and as a member of an ethnic minority she did not >> see why she should get special treatment, that we should all be equal.

    Can you explain why she is wrong?


    She is wrong because she has misunderstood the guidance from the
    Sentencing Council or is carelessly misinterpreting it to mean that
    members of an ethnic community should be somehow treated more leniently.

    I think perhaps she is worried that the likes of the Daily Mail will misinterpret the guidance so instead of informing and educating the electorate, she pretends that the Daily Mail has got it right. Thereby proving that she is no pinko liberal justice secretary.

    I'm not sure than any journalists have bothered to explain the new
    guideline properly. It is often more newsworthy to pretend that a
    controversy exists, than to play it down. But if you read the
    guidelines you may decide that they are totally reasonable and do not
    imply that anyone will get a "get out of gaol free" card. A pre-sentence report is to ensure that the convicted person gets a fair and objective hearing without unconscious bias on the part of the magistrates.


    I am aware of that.

    Those Guidelines Summarised: [quote]

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:


    at risk of first custodial sentence and/or at risk of a custodial sentence of 2 years or less (after taking into account any reduction for guilty plea)
    a young adult (typically 18-25 years; see further information below
    at section 3)
    female (see further information below at section 3)
    from an ethnic minority, cultural minority, and/or faith minority community
    pregnant or post-natal
    sole or primary carer for dependent relatives

    Or if the court considers that one or more of the following may apply to
    the offender:

    has disclosed they are transgender
    has or may have any addiction issues
    has or may have a serious chronic medical condition or physical disability, or mental ill health, learning disabilities (including developmental disorders and neurodiverse conditions) or brain injury/damage
    or; the court considers that the offender is, or there is a risk
    that they may have been, a victim of:
    domestic abuse, physical or sexual abuse, violent or
    threatening behaviour, coercive or controlling behaviour, economic, psychological, emotional or any other abuse
    modern slavery or trafficking, or
    coercion, grooming, intimidation or exploitation.

    This is a non-exhaustive list and a PSR can still be necessary if the individual does not fall into one of these cohorts.

    [unquote]




    But why shouldn’t everyone have such a report? People not on that list are being discriminated against yet might still have issues not included.

    --

    kat >^..^<

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to JNugent on Mon Mar 10 09:06:34 2025
    On 10/03/2025 00:50, JNugent wrote:
    On 09/03/2025 08:27 PM, The Todal wrote:

    On 09/03/2025 11:36, Norman Wells wrote:

    [ ... ]

    ...  I think the Court of Appeal has totally misdirected
    itself, and has lost sight of the fact that the offence with which she
    was charged was one of criminal damage to property, not of hurting
    establishment feelings.  And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-
    Others-Judgment.pdf

    I think yours might not be an opinion that reflects the majority view
    but you have probably expressed the view of the Just Stop Oil movement
    which I would guess might well try to finance an appeal to the Supreme
    Court - which as you know, would be wholly futile.

    There was no question of "hurting establishment feelings".  They took a
    risk when throwing soup at a valuable work of art. They didn't "evaluate
    the risk" at all, because they were in no position to do so. They
    naively expected the glass cover to protect the painting from any
    seepage and seemingly their guess proved to be right. Guessing correctly
    does not in any way reduce the seriousness of the crime. It's not very
    different from setting a work of art on fire in the confident belief
    that the gallery staff will quickly use a fire extinguisher.

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison
    sentences were well deserved, for the Sunflowers attack.

    I don't believe that the majority of normal people with lives to lead,
    people to see and places to go *would* tolerate any more of what we saw
    a summer or so back. And there is no reason why they ought to.

    You say "disruption to our travel plans" as though being held in a
    stationary traffic jam for hours on rnd is a trivial matter to be
    laughed off as a jolly jape.

    If we wanted to be delayed, we'd travel by bus or train.



    I agree with you, actually. I said "many of us" but that wouldn't be
    "most of us".

    If you have an important or urgent appointment it would be infuriating
    to be held up in traffic. If you welcome the excuse for being late for
    work, then it's less of a problem.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to Norman Wells on Mon Mar 10 09:12:35 2025
    On 09/03/2025 21:31, Norman Wells wrote:
    On 09/03/2025 20:27, The Todal wrote:
    On 09/03/2025 11:36, Norman Wells wrote:
    On 09/03/2025 09:44, The Todal wrote:
    The Court of Appeal has delivered a judgment which assesses whether
    any of the sentences were excessive.  Perhaps predictably the Press
    has focused its attention on the few sentences that were reduced
    rather than the majority that were upheld. The Daily Mail was
    furious. Quote:

    "Outrage as eco-zealots win court appeal to have their sentences
    slashed
    The decision by appeal judges to slash jail terms handed down to
    eco- zealots risks 'sending a dangerous message' to other activists,
    Tories warned last night. The party's justice spokesman Robert
    Jenrick blasted the reduction in sentences for six protesters
    involved in disruptive motorway climate demonstrations".   Unquote

    In relation to the "Sunflowers" case, the relevant points are:

    quote

    On 14 October 2022 two protesters threw soup onto Vincent van Gogh’s >>>> painting known as “Sunflowers” in the National Gallery. They were
    each convicted on 25 July 2024 of criminal damage contrary to s.
    1(1) of the Criminal Damage Act 1971 and appeal against the
    immediate custodial sentences imposed on them on 27 September 2024
    in the Crown Court at Southwark by HHJ Hehir, namely:
    i) Phoebe Plummer: 24 months’ imprisonment.
    ii) Anna Holland: 20 months’ imprisonment.

    In the Sunflowers case, the judge gave a careful ruling during the
    course of trial in which he held that neither the conviction nor the
    sentencing of the appellants engaged any issue of proportionality.
    In his judgment, Articles 10 and 11 did not apply at all because i)
    the actions of Ms Plummer and Mx Holland were violent and not peaceful; >>>> and ii) they caused significant damage.

    ...we consider that Ms Plummer and Mx Holland’s actions engaged
    Articles 10 and 11. While shocking, their actions were not violent.
    For these reasons, Articles 10 and 11 were engaged on the facts of
    the Sunflowers case (albeit significantly weakened).

    The judge was fully entitled to place this offence in the high
    culpability category. The appellants devised a plan to carry out a
    particularly high profile stunt, they conducted reconnaissance, they
    equipped themselves with what was needed, they spoke to a journalist
    and they arranged for their activity to be filmed to maximise the
    attendant
    publicity. This was much more than just “Some planning”.

    That's interesting.  How does 'planning' affect what criminal damage
    (the offence of which they were convicted) was actually caused?  It
    may indeed have been planning in order to minimise any actual damage,
    eg by checking that it was in fact adequately protected from what
    they intended to do (which it was).

    The only actual 'damage' that was caused was not to the painting,
    which wasn't even touched, but only if anything to the frame, which
    probably needed a good clean anyway.  And that hardly warranted a 2
    year jail sentence.

    Of course the sentiments of the establishment, who for some reason
    like Van Gogh's rapid and garish daubs, were also being attacked,
    which probably accounts for the harsh sentences.  But I don't think
    their hurt feelings actually come under the definition of the word
    'property' as used in the Criminal Damage Act, so they shouldn't have
    had any bearing on the matter.

    First, it was submitted that there was no evidence that the painting
    was at risk of damage. This was a factual issue which the trial
    judge was well placed to assess and we see no reason to disagree
    with his assessment that the reaction of the gallery staff indicated
    that they considered that there was a risk of damage to the painting.

    That's interesting too.  Do other peoples' reactions affect the
    actual damage for which one is convicted and sentenced?

    Besides, the absence of any damage whatsoever to the painting means
    they evaluated the risk, even if risk is at all relevant, totally
    excessively.

    Secondly, it was submitted that the judge misapplied s. 63 of the
    Sentencing Act 2020.

    We do not consider that Ms Plummer’s sentence of 24 months’
    imprisonment was manifestly excessive or wrong in principle.

    Well, I do.  I think the Court of Appeal has totally misdirected
    itself, and has lost sight of the fact that the offence with which
    she was charged was one of criminal damage to property, not of
    hurting establishment feelings.  And the actual damage was minimal.

    https://www.judiciary.uk/wp-content/uploads/2025/03/R-v-Hallam-and-
    Others-Judgment.pdf


    I think yours might not be an opinion that reflects the majority view
    but you have probably expressed the view of the Just Stop Oil movement
    which I would guess might well try to finance an appeal to the Supreme
    Court - which as you know, would be wholly futile.

    Not necessarily.  They'd have to get leave of course from either the
    Court of Appeal or from the Supreme Court itself but if the Court of
    Appeal has erred in its application of the law, eg by thinking that
    other people's panicky reactions are relevant to a crime, then there
    could be legitimate grounds on which to appeal.

    There was no question of "hurting establishment feelings".

    That's your opinion.  Mine is different.

    To me, the sentence seems greatly excessive having regard to the damage
    that was actually caused, which is all that I say is relevant.  And
    that, if anything was to the frame not the picture.

    They took a risk when throwing soup at a valuable work of art.

    Maybe, but they didn't damage it, so there is nothing significant in
    that.  If you don't damage or destroy something, no offence of criminal damage has been committed.  The clue is in the name.

    Besides, if the painting had been properly protected from the public, as would be expected, and may well have been sussed out by the protestors
    in their meticulous 'planning', the risk of damaging it could be very
    low indeed.  As indeed it proved.

    They didn't "evaluate the risk" at all, because they were in no
    position to do so.

    The Court of Appeal made out that they did considerable planning.  I
    think the risk of causing damage was almost certainly evaluated as part
    of that so as to maximise the protest but minimise their criminality.

    They naively expected the glass cover to protect the painting from any
    seepage and seemingly their guess proved to be right.

    Glass covers on 'important' works of art are much more than just a sheet
    you put over a photo of your gran.  If you've ever seen the Mona Lisa in Paris, you'll appreciate it would take a nuclear bomb even to graze the surface.

    Guessing correctly does not in any way reduce the seriousness of the
    crime.

    The crime is that of damaging or destroying.

    It follows that no crime at all was committed in connection with the painting, which was not damaged in the slightest.

    It's not very different from setting a work of art on fire in the
    confident belief that the gallery staff will quickly use a fire
    extinguisher.

    Of course it is.  There the painting is damaged or destroyed.  That
    would fall squarely within the scope of the Act.

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison
    sentences were well deserved, for the Sunflowers attack.

    Perhaps you would outline exactly what law justifies imprisonment for a non-crime because others may commit actual crimes in the future?


    So you are still trying to argue that throwing soup at a valuable work
    of art is a "non-crime"?

    Despite knowing that it certainly fulfils the requirements of "criminal
    damage" even if the soup can be wiped away?

    Do you sympathise with the well known saying "when I hear the word
    culture, I reach for my revolver"?

    Our art galleries have wonderful teams of restorers who can often repair damage, even slashes to the canvas, so that the repair is invisible to
    the naked eye. I don't think that the vandals who attack works of art
    are entitled to rely on that expertise in order to reduce their prison sentences. But maybe the time will come when all works of art are locked
    away and we only see reproductions or holograms in our galleries, and personally I wouldn't necessarily mind that, but I don't have a
    particular fondness for art works.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to JNugent on Mon Mar 10 09:20:00 2025
    On 10/03/2025 00:58, JNugent wrote:
    On 09/03/2025 07:11 PM, The Todal wrote:

    On 09/03/2025 18:38, kat wrote:
    The Todal <the_todal@icloud.com> wrote:

    [ ... ]

    ... Labour Justice Secretary Shabana Mahmood recently
    complained about new sentencing guidelines that were drawn up by the
    Sentencing Council, a body of people far better informed and far
    cleverer than she could ever be. She has even hinted that she might
    abolish the Sentencing Council. So the spirit of Elon Musk seems to
    have
    infected some of our own politicians.

    She said that as a woman and as a member of an ethnic minority she did
    not see why she should get special treatment, that we should all be
    equal.
    Can you explain why she is wrong?

    She is wrong because she has misunderstood the guidance from the
    Sentencing Council or is carelessly misinterpreting it to mean that
    members of an ethnic community should be somehow treated more leniently.

    For what possible purpose could a court be guided to take account of the
    sex, substance addiction, gender-alignment, minority race or minority cultural background of an offender unless it were aimed at reducing the severity of the sentence?

    I assume we can be fairly certain that the guidance is not aimed at increasing the sentences handed down to those groups. Or do you disagree
    with that?

    Without wishing to be disrespectful, I would cite the words of Alexander
    Pope.
    A little learning is a dangerous thing ;
    Drink deep, or taste not the Pierian spring :
    There shallow draughts intoxicate the brain,
    And drinking largely sobers us again.

    I don't aim this at you - I aim it at journalists, pundits and at the politicians from both sides who don't study the subject but feel able to
    sound off about it in order to look good in the next day's Daily Mail.

    Lord Justice William Davis, Chairman, Sentencing Council for England and
    Wales, has helpfully provided this clarification which of course nobody
    will read:

    https://www.sentencingcouncil.org.uk/news/item/statement-on-pre-sentence-reports-psrs-in-the-revised-imposition-guideline/

    quote (extract)

    The reasons for including groups vary but include evidence of
    disparities in sentencing outcomes, disadvantages faced within the
    criminal justice system and complexities in circumstances of individual offenders that can only be understood through an assessment.

    PSRs provide the court with information about the offender; they are not
    an indication of sentence. Sentences are decided by the independent
    judiciary, following sentencing guidelines and taking into account all
    the circumstances of the individual offence and the individual offender.



    I think perhaps she is worried that the likes of the Daily Mail will
    misinterpret the guidance so instead of informing and educating the
    electorate, she pretends that the Daily Mail has got it right. Thereby
    proving that she is no pinko liberal justice secretary.

    And recognising that "right on" thought on these matters is not
    acceptable to the majority of the population.


    The majority of the population can be led like sheep in any direction.
    Remind them that our prisons are overcrowded and burglars currently have
    to be let out early and I think they'll quickly agree that it is
    sensible to reduce, slightly, the sentence imposed on a person who
    blocks the road in a demonstration.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to Mark Goodge on Mon Mar 10 10:43:44 2025
    On 09/03/2025 21:36, Mark Goodge wrote:

    JSO's problem is that they don't have enough supporters to fill the streets of London in the way that farmers, Palestinians and mainstream climate
    change campaigners have done. The media isn't going to report on a handful
    of JSO activists waving a banner in Trafalgar Square. So in order to get noticed, they instead choose to break the law. They block major roads, they damage property. That's their choice, and they make that choice in full cognisance of the consequences. So they can hardly claim that the police,
    and the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed
    solutions to climate change are very badly thought out.







    Mark


    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Mon Mar 10 10:54:17 2025
    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the streets >> of London in the way that farmers, Palestinians and mainstream climate
    change campaigners have done. The media isn't going to report on a handful >> of JSO activists waving a banner in Trafalgar Square. So in order to get
    noticed, they instead choose to break the law. They block major roads, they >> damage property. That's their choice, and they make that choice in full
    cognisance of the consequences. So they can hardly claim that the police,
    and the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to The Todal on Mon Mar 10 10:21:16 2025
    On 2025-03-10, The Todal <the_todal@icloud.com> wrote:
    Our art galleries have wonderful teams of restorers who can often repair damage, even slashes to the canvas, so that the repair is invisible to
    the naked eye. I don't think that the vandals who attack works of art
    are entitled to rely on that expertise in order to reduce their prison sentences. But maybe the time will come when all works of art are locked
    away and we only see reproductions or holograms in our galleries, and personally I wouldn't necessarily mind that, but I don't have a
    particular fondness for art works.

    If anything, you'd think that JSO's "attacks" would *reduce* the
    prevalence of glass cases etc since they are deliberately only
    attacking art that in such cases.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Max Demian@21:1/5 to Andy Burns on Mon Mar 10 11:46:42 2025
    On 10/03/2025 08:59, Andy Burns wrote:
    The Todal quoted:

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:

         female      pregnant or post-natal
    why mention pregnancy, if all females are included anyway?

    So they can "plead the belly" and avoid imprisoning their foetus or newborn.

    (Some eminent people who should know better seriously think that women
    should never be imprisoned.)

    --
    Max Demian

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to All on Mon Mar 10 11:18:17 2025
    On 10 Mar 2025 at 10:54:17 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the streets >>> of London in the way that farmers, Palestinians and mainstream climate
    change campaigners have done. The media isn't going to report on a handful >>> of JSO activists waving a banner in Trafalgar Square. So in order to get >>> noticed, they instead choose to break the law. They block major roads, they >>> damage property. That's their choice, and they make that choice in full
    cognisance of the consequences. So they can hardly claim that the police, >>> and the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed
    solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    I don't know, but I'm guessing that the name gives some sort of clue as to their strategy.


    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Norman Wells@21:1/5 to The Todal on Mon Mar 10 12:56:48 2025
    On 10/03/2025 09:12, The Todal wrote:
    On 09/03/2025 21:31, Norman Wells wrote:
    On 09/03/2025 20:27, The Todal wrote:

    I suppose many of us would tolerate further disruption to our travel
    plans in the cause of saving the planet. But many of us would deeply
    resent any copycat attacks on major works of art. I think the prison
    sentences were well deserved, for the Sunflowers attack.

    Perhaps you would outline exactly what law justifies imprisonment for
    a non-crime because others may commit actual crimes in the future?

    So you are still trying to argue that throwing soup at a valuable work
    of art is a "non-crime"?

    There was no criminal damage to the 'work of art'. So, if you're
    relying *at all* on the painting itself to justify a crime having been committed, it was indeed a non-crime.

    Despite knowing that it certainly fulfils the requirements of "criminal damage" even if the soup can be wiped away?

    But it wasn't on the painting. It was on the glass and/or the frame.
    That may strictly be criminal damage, the ludicrous definition of which includes chalking a hopscotch grid on a pavement or sticking a notice on
    a car windscreen. Such offences do not warrant a 2-year prison
    sentence, and such a sentence should not have been imposed for the
    actual 'damage' to the non-art that was caused in this particular case.

    Do you sympathise with the well known saying "when I hear the word
    culture, I reach for my revolver"?

    In the case of a lot of modern art, yes. And that includes 'Sunflowers'
    which is a very overrated garish monstrosity kept in a gallery to which
    I, like most others, don't go and don't much care about. It would
    frankly be of no detriment to me whatsoever if it didn't exist at all.

    Our art galleries have wonderful teams of restorers who can often repair damage, even slashes to the canvas, so that the repair is invisible to
    the naked eye. I don't think that the vandals who attack works of art
    are entitled to rely on that expertise in order to reduce their prison sentences.

    But they are entitled to be sentenced proportionately for what they've
    actually been found guilty of. If they haven't damaged or destroyed any
    work of art then they haven't committed any offence that relies on 'work
    of art'.

    But maybe the time will come when all works of art are locked
    away and we only see reproductions or holograms in our galleries, and personally I wouldn't necessarily mind that, but I don't have a
    particular fondness for art works.

    That would be an excellent idea, especially with paintings that can
    easily and cheaply be reproduced in astonishing detail for anyone who
    wants a print. There's almost no need to retain the originals, nor any
    point in doing so. Once copied, the possessions of the National Gallery
    should be sold off while there's still a market (albeit an artificial
    one) for them. That would fill almost any 'black hole' (TM) in the
    national budget for many years to come. Then the gallery itself could
    be closed and the whole thing put on line which is where all reference
    works should be.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to Roger Hayter on Mon Mar 10 13:41:27 2025
    On 2025-03-10, Roger Hayter <roger@hayter.org> wrote:
    On 10 Mar 2025 at 10:54:17 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:
    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the
    streets of London in the way that farmers, Palestinians and
    mainstream climate change campaigners have done. The media isn't
    going to report on a handful of JSO activists waving a banner in
    Trafalgar Square. So in order to get noticed, they instead choose
    to break the law. They block major roads, they damage property.
    That's their choice, and they make that choice in full cognisance
    of the consequences. So they can hardly claim that the police, and
    the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed
    solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    I don't know, but I'm guessing that the name gives some sort of clue
    as to their strategy.

    "Just Stop Oil" is a little vague as a strategy don't you think?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to All on Mon Mar 10 13:59:01 2025
    On 10 Mar 2025 at 13:41:27 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu> wrote:

    On 2025-03-10, Roger Hayter <roger@hayter.org> wrote:
    On 10 Mar 2025 at 10:54:17 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu>
    wrote:
    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the
    streets of London in the way that farmers, Palestinians and
    mainstream climate change campaigners have done. The media isn't
    going to report on a handful of JSO activists waving a banner in
    Trafalgar Square. So in order to get noticed, they instead choose
    to break the law. They block major roads, they damage property.
    That's their choice, and they make that choice in full cognisance
    of the consequences. So they can hardly claim that the police, and
    the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed
    solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    I don't know, but I'm guessing that the name gives some sort of clue
    as to their strategy.

    "Just Stop Oil" is a little vague as a strategy don't you think?

    You're entitled to assume there is a sophisticate economic analysis underlying their slogans, if you want to.


    --

    Roger Hayter

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Andy Burns on Mon Mar 10 14:12:28 2025
    On 10/03/2025 08:59 AM, Andy Burns wrote:

    The Todal quoted:

    A pre-sentence report will normally be considered necessary if the
    offender belongs to one (or more) of the following cohorts:

    female pregnant or post-natal
    why mention pregnancy, if all females are included anyway?

    Wash your mouth out.

    They meant "pregnant people", obviously.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to Jon Ribbens on Mon Mar 10 14:39:27 2025
    On 10/03/2025 13:41, Jon Ribbens wrote:
    On 2025-03-10, Roger Hayter <roger@hayter.org> wrote:
    On 10 Mar 2025 at 10:54:17 GMT, "Jon Ribbens" <jon+usenet@unequivocal.eu>
    wrote:
    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the
    streets of London in the way that farmers, Palestinians and
    mainstream climate change campaigners have done. The media isn't
    going to report on a handful of JSO activists waving a banner in
    Trafalgar Square. So in order to get noticed, they instead choose
    to break the law. They block major roads, they damage property.
    That's their choice, and they make that choice in full cognisance
    of the consequences. So they can hardly claim that the police, and
    the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many
    millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed
    solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    I don't know, but I'm guessing that the name gives some sort of clue
    as to their strategy.

    "Just Stop Oil" is a little vague as a strategy don't you think?

    Perhaps they could be forgiven this was Scargill's policy, where more
    coal mines would be (re)opened?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Ottavio Caruso@21:1/5 to All on Mon Mar 10 16:55:57 2025
    Op 10/03/2025 om 14:39 schreef Fredxx:
    On 10/03/2025 13:41, Jon Ribbens wrote:
    On 2025-03-10, Roger Hayter <roger@hayter.org> wrote:
    On 10 Mar 2025 at 10:54:17 GMT, "Jon Ribbens"
    <jon+usenet@unequivocal.eu>
    wrote:
    On 2025-03-10, GB <NOTsomeone@microsoft.invalid> wrote:
    On 09/03/2025 21:36, Mark Goodge wrote:
    JSO's problem is that they don't have enough supporters to fill the >>>>>> streets of London in the way that farmers, Palestinians and
    mainstream climate change campaigners have done. The media isn't
    going to report on a handful of JSO activists waving a banner in
    Trafalgar Square. So in order to get noticed, they instead choose
    to break the law. They block major roads, they damage property.
    That's their choice, and they make that choice in full cognisance
    of the consequences. So they can hardly claim that the police, and >>>>>> the courts, are treating them unfairly.

    There's no doubt that climate change is a very important issue. Many >>>>> millions of people in this country think that.

    The reason that JSO don't have many supporters is that their proposed >>>>> solutions to climate change are very badly thought out.

    I doubt that, on the basis that I doubt that any noticeable number of
    people know what their proposed solutions are, or even that they have
    any.

    I don't know, but I'm guessing that the name gives some sort of clue
    as to their strategy.

    "Just Stop Oil" is a little vague as a strategy don't you think?

    Perhaps they could be forgiven this was Scargill's policy, where more
    coal mines would be (re)opened?



    This was when the Left had the interest of the working class in mind.

    --
    Fuck Putin! Fuck Trump! Слава Україні!

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to Jon Ribbens on Tue Mar 11 13:48:43 2025
    On 10/03/2025 13:41, Jon Ribbens wrote:


    "Just Stop Oil" is a little vague as a strategy don't you think?


    Perhaps you can tease a bit more sense out of this web page:

    https://juststopoil.org/the-plan/

    "About us
    Just Stop Oil is a nonviolent civil resistance group in the UK. In 2022
    we started taking action to demand the UK Government stop licensing all
    new oil, gas and coal projects. We have won on this ✅. Civil resistance works.

    Our new demand: That the UK Government sign up to a Fossil Fuel Treaty
    to Just Stop Oil by 2030.

    Our governments must work together to establish a legally binding treaty
    to stop extracting and burning oil, gas and coal by 2030 ..."

    That's the strategy. There's no explanation attempted of how people will
    be fed after 2030, when farmers can't plough their fields, and the food
    can't be processed or delivered around the country. But, don't worry,
    nobody will die of starvation, because they'll die of thirst first, as
    the water companies won't be able to pump water without power.

    Yes, there's a problem with climate change, and perhaps they are right
    that oil-usage is genocidal in the long run. The problem is that the JSO solution is genocidal in the short run.

    It's well-meaning, but naive, idiocy.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jon Ribbens@21:1/5 to NOTsomeone@microsoft.invalid on Tue Mar 11 14:33:42 2025
    On 2025-03-11, GB <NOTsomeone@microsoft.invalid> wrote:
    On 10/03/2025 13:41, Jon Ribbens wrote:
    "Just Stop Oil" is a little vague as a strategy don't you think?

    Perhaps you can tease a bit more sense out of this web page:

    https://juststopoil.org/the-plan/

    My point was that even if they have a plan very few of the public know
    what it is, and the three words "Just Stop Oil" obviously contain far
    too little detail to constitute a plan by themselves.

    "About us
    Just Stop Oil is a nonviolent civil resistance group in the UK. In 2022
    we started taking action to demand the UK Government stop licensing all
    new oil, gas and coal projects. We have won on this ✅. Civil resistance works.

    Our new demand: That the UK Government sign up to a Fossil Fuel Treaty
    to Just Stop Oil by 2030.

    Our governments must work together to establish a legally binding treaty
    to stop extracting and burning oil, gas and coal by 2030 ..."

    That's the strategy. There's no explanation attempted of how people will
    be fed after 2030, when farmers can't plough their fields, and the food
    can't be processed or delivered around the country. But, don't worry,
    nobody will die of starvation, because they'll die of thirst first, as
    the water companies won't be able to pump water without power.

    Yes, there's a problem with climate change, and perhaps they are right
    that oil-usage is genocidal in the long run. The problem is that the JSO solution is genocidal in the short run.

    It's well-meaning, but naive, idiocy.

    I don't know if that's true, as I can't tell from their web site what
    they are actually demanding - it doesn't seem to go much beyond restating
    their three-word name. They point to https://fossilfueltreaty.org/ but
    I can't work out from that site what the proposal is there either.

    I guess at the end of the day it doesn't really matter - their point,
    which is of course undoubtedly correct, is that climate change requires
    that emergency action be taken immediately. Governments already know
    full well the action they need to take, they're just not doing it.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From GB@21:1/5 to Jon Ribbens on Wed Mar 12 11:53:10 2025
    On 11/03/2025 14:33, Jon Ribbens wrote:

    I guess at the end of the day it doesn't really matter - their point,
    which is of course undoubtedly correct, is that climate change requires
    that emergency action be taken immediately. Governments already know
    full well the action they need to take, they're just not doing it.

    They are preparing for COP30 - by cutting down some supposedly-protected
    Amazon rainforest.

    https://www.bbc.co.uk/news/articles/c9vy191rgn1o

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)