Handyman jailed for planting porn on boss's computer
24-09-2010, 18:15
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#16
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The Invisible Woman
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Re: Handyman jailed for planting porn on boss's computer
Quote:
Originally Posted by nomadking
The indecent images weren't going to be distributed in any way or even used for sexual gratification, so that offence by itself might only warrant a caution(as in other cases). He didn't directly try to get the guy sent to jail, just sacked.
It seems perverting the course of justice is one of the instances where consecutive sentences can be used.
From CPS website:-
Although if the perverting the course of justice offence relates to getting the guy in trouble, then there is no substantive offence.
Still doesn't add up to anywhere near 12 years and still doesn't address my question about the many similar cases.
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1st point ,IMMATERIAL he still committed a crime and I suspect that the judge had little leeway EVEN if he had wanted it.
2nd point I think you have got that wrong as well.
Finally what similar cases? Can you provide any examples?
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24-09-2010, 18:17
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#17
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laeva recumbens anguis
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Re: Handyman jailed for planting porn on boss's computer
Quote:
Originally Posted by nomadking
Dodging the question, as happens all too often.
Sentences in this country are concurrent not consecutive. As the maximum for the indecent images(which weren't held for sexual gratification) is 10 years(CPS website), then the 12 years must be for attempting to pervert the course of justice.
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You really are a piece of work - I was trying to provide a potential explanation (but I wouldn't know, not being the judge), not justify or dodge.
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24-09-2010, 18:17
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#18
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Re: Handyman jailed for planting porn on boss's computer
Quote:
Originally Posted by Flyboy
Mark Knopfler or Chris Langham didn't get that long. They used the excuse that they were only doing research. In the terms of the possession charge, I can't see the difference.
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I don't think there is any case of claiming to be doing research here.
---------- Post added at 18:17 ---------- Previous post was at 18:17 ----------
Quote:
Originally Posted by speedfreak
Has he not distributed it by putting it on someone elses PC?
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Exactly!
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24-09-2010, 20:40
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#19
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Re: Handyman jailed for planting porn on boss's computer
His possessing and making (burning to disc is classed as making) indecent images of children was bad enough, but he also distributed said images with malicious intent.
The fact is that if Mr Weiner had succeeded, the accused wouldn't have just gone to prison and had to remain on the sex offenders register for 5 years or so, he would probably have remained on various databases and suffered an unwarranted stigma for the rest of his life.
Social services would also be informed, meaning he wouldn't be allowed to be around any child or vulnerable person unless another adult was present, so thats his career and home life destroyed.
Any idea that Mr Weiner might not have considered "the big picture" and just how seriously it would have affected his victim is irrelevant in the eyes of the law..
something about how ignorance of the law is not a defense..
I don't think 12 years was too harsh a punishment..
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25-09-2010, 01:05
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#20
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Re: Handyman jailed for planting porn on boss's computer
I wasn't saying that it was too harsh, but merely pointing out that it wasn't the same as some others have received for technically worse crimes.
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25-09-2010, 01:52
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#21
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Re: Handyman jailed for planting porn on boss's computer
Quote:
Originally Posted by Maggy J
1st point ,IMMATERIAL he still committed a crime and I suspect that the judge had little leeway EVEN if he had wanted it.
2nd point I think you have got that wrong as well.
Finally what similar cases? Can you provide any examples?
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I not sure which thing I am meant to have got wrong.
Quote:
Weiner launched the plot in 2006, hoping to get Mr Thompson sacked from the school in Whitechapel, so that he could be promoted, the Old Bailey heard.
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The 10 year maximum sentence for the indecent images and the use of consecutive sentences were taken directly from the CPS website.
No similar cases? You are joking.
The CPS website lists some selected examples for the purpose of sentencing guidelines. The only listed example that comes even close to the length of sentence, is one involving an original crime of murder and intimidation and attempted bribery of a witness, and I would have thought that the bulk of that sentence was for the intimidation and attempted bribery part.
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25-09-2010, 08:44
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#22
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The Invisible Woman
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Re: Handyman jailed for planting porn on boss's computer
Quote:
Originally Posted by nomadking
I not sure which thing I am meant to have got wrong.
The 10 year maximum sentence for the indecent images and the use of consecutive sentences were taken directly from the CPS website.
No similar cases? You are joking.
The CPS website lists some selected examples for the purpose of sentencing guidelines. The only listed example that comes even close to the length of sentence, is one involving an original crime of murder and intimidation and attempted bribery of a witness, and I would have thought that the bulk of that sentence was for the intimidation and attempted bribery part.
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You said similar cases.Those are not similar cases.
Anyway I'm not bothered. I think I'll leave it to the judge on this one.No doubt if you are correct he'll appeal and get off completely..
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25-09-2010, 09:05
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#23
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Re: Handyman jailed for planting porn on boss's computer
Similar in that there are many cases where the intention is to get someone sent to prison for a sex offence. Sometimes those accused get lucky with things like CCTV footage, or the accuser eventually owns up to the Police or inadvertently to a third party. Sometimes it gets as far as the accused being sent to jail and sometimes(or it may be often) the accuser is not even charged.
The example I gave was simply an indication of what usually had to be involved to get a sentence of anywhere near that length.
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