Life must mean 21yrs & Fines must be a minimum of.

[TheCyclingRooster]

Hi to you all,I have submitted this as a fully legal driver and a very concerned cyclist of 50+ years,I luckily escaped a Doctor, he was Pissed whilst driving to visit a patient!!,long before the drink driving laws came into play.
The PSYCHO that killed Paul Webb should be jailed for LIFE(21yrs), not starting at a minimum of 13yrs.This was a deliberate act by someone that has proved that they should never have had a weapon such as a car at his disposal.I wonder if he would have been in the same frame of mind if he had been riding a motorcycle not driving a car!.The fact that he was uninsured and did not have a driving licence was bad enough in the first instance,was he a banned driver from a previous motoring history?,why would someone of 36yrs of age be driving without a licence and insurance unless they had either a history of previous or was one of the growing band of long term people that every other driver is paying for? !!! via hiked up insurance premiums.It would be interesting to know how long he has been getting away with it.This very sad loss to Mr Webb's partner and family & friends must not go down as just/yet another incident,if the vehicle had carried Tax, Insurance (& MoT where appropriate)and copy of driving licence discs in the windscreen(ON PUBLIC DISPLAY)it might have alerted others to the fact that the driver was not entitled to be in the vehicle in the first place.Happy & Safe Riding to You All.

 

[AnotherEye]

http://www.dailymail.co.uk/news/art...urdered-cyclist-car-clipping-wing-mirror.html

 

[TheCyclingRooster]

Hi to you all out there,thank you AnotherEye for your link.I think you will find that this individual will be out on the streets again in approximately between 8 & 11yrs(it was stated in the report(the one that I reacted to in the construction of my post) that he would serve a minimum of 13yrs).I was always lead to understand that life for murder(this was cold blooded & ongoing and a premeditated destruction of another life)was a minimum of 21yrs ,no ifs,but or maybe.I have a recollection of seeing in a newspaper that he would serve a minimum sentence well short of 21yrs.There was no mention in any of the reports to the effect that he was driving without insurance,nor was there a mention of MoT,he did not have a valid/current(at the time)driving license.No license is automatically no insurance.If this individual behaves himself,learns how to fake(acting I believe is a study area inside,the modern notion of education for the incarcerated)remorse and can put up a watertight/convincing appeal he will only get the minimum of 13yrs which was the starting point at his sentencing.In this day & age of stealth taxes & swinging back door changes in the name of cost cutting and the fact that our prisons are full to bursting; in time too come he will have been deemed to have served his time and released on the basis of don't come back to court for any reason or you will serve the rest of what should have been the correct action to deal with a crazed and thought out killing,The Killing of Another Human with a motor vehicle.
Happy & Safe Riding to You All.

 

[StuartG]

I sometimes have a lock'em up & throw away the key moment too when reading of these terrible incidents.

However it is pointless to criticise a judgement without understanding the reasons for it. They can be quite complex and affected by factors not mentioned in the media.

There is also the obvious issue that there is only so much room in jails so sending one there longer means somebody else goes shorter or not at all. Build more jails - OK so build fewer hospitals? - it is one taxpayer's pot.

Things just ain't that simple. The issue here is how much of this psycho was nature and how much was nurture - and could we have done anything to change the latter?

 

[spen666]

TCR it seems to me that you have some mis conceptions or some misunderstanding re sentencing in this case, and possibly re life sentences in general.

Let me try to clarify some points.

firstly, the driver in this case received a sentence of life imprisonment, not 13 years. This is a significant difference. If he had received 13 years, he would be eligible for parole automatically after serving 1/2 his sentence ie 6.5 years. He may also be eligible for earlier release of around 2 months if tagged.

However, with a sentence of life imprisonment, with a tariff period of 13 years as he got. He cannot be considered for release until he has served the 13 years. Even then he is not automatically released, but can only be released after that tariff period is up, IF the parole board are satisfied he is no longer a danger to the public. He may never be released. He will have had to complete various rehabilitation courses before he can be considered for release.

Also, a life prisoner is at risk of recall to prison at any time for the rest of his life even if he does not commit another offence. He can be recalled if the parole board have concerns over his behaviour.

With any sentence imposed, either a determinate or a life sentence, the time a prisoner has spent on remand counts towards the sentence to be served. This is only right as whilst on remand the prisoner is held in prison.

My understanding is that the starting point in sentencing for murder cases is life with a tariff of 15 years. This is on the basis of a conviction after a trial. For a guilty plea there would be a reduction in all cases in sentence of up to 30%. The court would also look at aggravating and mitigating factors, both in the offence and in the offender in determining the tariff period.

 

[TheCyclingRooster]

Hi spen666,thank you for the time to read my input but I did not say nor suggest that he had only been given 13yrs.The 13yrs is referred to as having taken into account the meaning of life and the minimum tariff projected.He had been given a LIFE SENTENCE (to serve a minimum of 13yrs in prison)(the link provided by AnotherEye below my input of 10th May 2010).The reference in my 1st July 2010 input of 8-11yrs) was in anticipation of some aspects of your comments to me by that time 8-11yrs away already have been deciding factors to earlier than projected/anticipated release,in so much as Budget Cutting on Staff & Building of New Prisons and the need to bang up more Higher Profile Criminals.

Happy & Safe Riding to You All.

 

[wafflycat]

He has a life sentence. Example - if someone is given a life sentence with a tariff of 13 years, then he/she will serve 13 years before being considered for parole. There is no guarantee of getting parole. Even if given parole, once out *on licence* then if he/she so much as sniffs out of place then he/she can be put straight back inside. This will be with them *for life* there is always the risk that they will be put back inside. The sentence is always on their record - never expunged - it will affect their employability for their entire life. Life does mean life - it just gives the option that if they behave, after a certain length of time they will be considered for release on licence.

 

[spen666]

Hi spen666,thank you for the time to read my input but I did not say nor suggest that he had only been given 13yrs.The 13yrs is referred to as having taken into account the meaning of life and the minimum tariff projected.He had been given a LIFE SENTENCE (to serve a minimum of 13yrs in prison)(the link provided by AnotherEye below my input of 10th May 2010).The reference in my 1st July 2010 input of 8-11yrs) was in anticipation of some aspects of your comments to me by that time 8-11yrs away already have been deciding factors to earlier than projected/anticipated release,in so much as Budget Cutting on Staff & Building of New Prisons and the need to bang up more Higher Profile Criminals.

Happy & Safe Riding to You All.

I'm afraid I have not got a clue what you are saying in the highlighted section. It may be my ignorance, but I can't see any relevance in budget cuts to the tariff period to be served by the defendant in this case. The tariff period is fixed by the judiciary not by the executive or legislative.

The position is simple and clear.

He will serve a minimum of 13 years (including time on remand) not 8 years, not 11 years or any other random figure you or any journalist cares to pluck from the air.

He will not be released BEFORE the tariff period of 13 years has been served. He will only be released AFTER that tariff period has been served AND the parole board are satisfied he is no longer a danger to the public.

The prisoner will serve a minimum of 13 years before he is even considered for release. Once released he is at risk of being recalled to prison at anytime whether or not he is convicted of any new offences or not.