Indicates that the magistrate does not have the powers to implement the appropriate sentence if he's found guilty.
Hopefully that means he’ll get a harsher sentence then. Wouldn’t have minded closure for Daniel’s sake though.
Not necessarily mate. Its an either way offence so barton himself could have elected trial by jury in the crown court rather than a trial in the Mags
Can't the CPS apply to make use of his past indiscretions in the trial? Not an expert at all, but I thought an application could be made, though not guaranteed to be allowed.
The Crown will apply to adduce evidence of his bad character in order to demonstrate to the jury Barton’s propensity to commit offences of violence. Should they consider that propensity made out they can then use that as supporting evidence of his guilt. It’s a strong application and I expect it to succeed and would be surprised if he wasn’t convicted. Don’t know if Mags declined jurisdiction or he elected Crown Court trial but you’d normally always take your chances with a jury rather than a lay bench or DJ. Given his record I’d expect him to go down or get a suspended sentence, most likely measured in months rather than years of actual time if immediate custody. The Gazza show comes to Teesside Crown Court soon, 5 day trial for a minor sexual assault. I’ll be in the next court prosecuting an attempted murder which will probably last about the same length of time...
Had some dialogue with my Leicester friend who has legal experience and she found a report that said the Judge had sent it to the Crown court.
Correct. Hardest criminal offence to prove requiring intent to kill rather than intent to cause really serious harm OR to kill which is enough for actual murder. I got one home last week where D stabbed pregnant partner when high on drugs. Just been briefed in tragic new one involving mother and baby.
