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Originally Posted by Hugh
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Actually no it wasn’t.
https://sentencingcouncil.org.uk/gui...l-orientation/
For culpability a lenient judge would gone for “Lesser Culpability”
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Reckless as to whether hatred would be stirred up (applicable to racial hatred offences only
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What she did was reckless, no doubt.
And for Harm
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Statement/publication/performance or broadcast directly encourages activity which threatens or endangers life
Widespread dissemination of statement/publication/performance broadcast
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What she said was not direct, it was an open statement “for all I care”, and she didn’t broadcast it widely others did that.
It was well within the Judges gift to sentence her to a community order. IMO the judge was swayed by Starmer’s rhetoric and gave an overly harsh sentence to make an example of her.