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Whatever the merits of this particular prosecution, the Mail’s suggestion that injury has to be caused in order for allegations of domestic abuse to be taken seriously by the justice system is a wholly unhelpful contribution. dailymail.co.uk/news/article-8…
Many charges of assault by beating and common assault do not involve any injury being caused. Where injury which is more than “transient or trifling” (legal expression) is alleged to have been inflicted, the charge will usually be assault occasioning actual bodily harm.
Again, I’m not expressing any view on the merits of this prosecution - I don’t think any of us know enough details to offer an informed opinion. But the tone of the discussion risks setting back by years the progress made in how domestic abuse is treated by the CJS.
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The Secret Barrister
@BarristerSecret
Gutter journalism. #FakeLaw.

1. This man was not “handed £400k”. This is a lie. That was the overall cost of legal aid in his criminal and immigration proceedings. This is like saying someone who receives a NHS heart transplant is “given” the cost of the operation.
2. Readers are invited to conclude that £400k is too much to spend on this case. The journalist has not bothered to tell you any of the context that you would need to even *begin* to assess whether that cost is too high, too low, or about right. Such as...
3. How much of that figure includes VAT, which goes to the Treasury? How many lawyers & support staff worked on the case? What work was involved? How many hours, days, months went into this extremely serious case where the defendant was looking at a potential life sentence?
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The Secret Barrister
@BarristerSecret
For those asking why the man who used a digger to damage a Travelodge was sentenced to 5 years’ imprisonment, this is a detailed live blog covering the sentence hearing. [THREAD] liverpoolecho.co.uk/news/liverpool…
Without opining on whether the sentence was right or wrong, it is clear that much of the commentary has missed important facts.

This was an offence of criminal damage being reckless as to whether life was endangered. This is far more serious than simple damage to property.
The court heard how innocent lives were endangered by the defendant’s revenge attack. There were people inside and outside the hotel at the time he drove the digger into the building. Colleagues risked their lives to stop him.
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The Secret Barrister
@BarristerSecret
We already have laws criminalising attacks on shop workers.

Sentencing Guidelines already specify that assaulting someone providing a service to the public is an aggravating factor.

Pointless vanity legislating, at a time when criminal justice needs serious political attention.
We don’t need “a stronger, clearer route”, whatever that is. As a prosecutor, what would make my life “easier” isn’t yet more ill-thought-out superfluous legislation, but properly resourced police, CPS & legal aid, and enough courts so that cases don’t wait years to be tried.
I would also like to see the evidence that this new shiny law would provide “a clear deterrent to those thinking of assaulting shop workers”.

Claiming that a new law is a quick “deterrent” fix to embedded social problems is facile. The public, and shop workers, deserve better.
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