UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

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Hallelujah!!!

Have a read of this folks ... there IS hope for a lifelong sentence of sorts and I'd say, once found guilty - he ticks all the boxes for this...

The OLR is available only to the High Court following the conviction of an offender of any age, of a serious violent or sexual offence (or more than one offence prosecuted on a single indictment) or of an offence which indicates a tendency for serious violent, sexual or life-endangering offending. However, the sheriff court will remit to the High Court in cases where the sheriff is satisfied, having regard to the statutory criteria, that an offender convicted on indictment may present a substantial and continuing risk to public safety. The RAR will allow the judge to make an informed decision on whether it is appropriate to impose an OLR. If the Judge considers that a person meets the above risk criteria then he/she shall issue an OLR.

BBM

Hopefully ... he could get this?

Order for Lifelong Restriction - RMA - Risk Management Authority
 
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Newbie here. Thank you so much to everyone who's been posting updates. Makes it a lot easier for those of us unable to keep up on Twitter et al.

I expect that the defence will play on his "mental health" and age in hope that this may mitigate some of the damage.

My first thought when I heard he was trying to pin it on Toni was why not frame it as a mental health-type breakdown instead? Seems much more believable.

"...he told the court he believed the arrest was just an unlucky 'coincidence' of him 'being out buying weed at a dodgy time" From the DM.

This was the friend that asked for the screen to be taken down. I wonder if he still thinks his friend is innocent?
 
The school friend requested that screens were removed so he could see the boy in the dock.

The witness, also aged 16, told the court he believed it was an 'unlucky coincidence' that the accused was out of the house the night of the murder.

And he attended the boozy party held by the accused, which ended in a row between the boy and his mother .

[...]

He said the accused was wearing a tie-dye t-shirt, 'Hype' jogging bottoms, and that he put on a black Nike zip-up hoodie after saying he was going out to buy drugs.


Defence brief Brian McConnachie QC showed Snapchat messages to the court.

The accused had written in one message 'Aye a wee autopsy and they will know exactly what happened'.


A different witness -


Mr McSporran asked him about the accused's physique and if he lifted weights, and the boy said: 'Yeah he's in good shape.'

Teenage boy, 16, accused of Alesha MacPhail's murder shared Snapchat selfie | Daily Mail Online
 
Quick Poll

Like if you think he will take the stand.

Comment if you think a witness or otherwise.

I think the remainder of Monday will be the DNA evidence of the prosecution, allowing for some cross-examination by defence. Prosecution then rests.

Tuesday morning for the defence and I really think that the Accused will take the stand, and it will be a s***show of his crazy unhinged story about how TM is guilty. I think if you go for a ‘special defence’ you would then back it up with some evidence and this will be his opportunity to twist the knife some more. Cross exam of him done by Wed morning. Hopefully that’s the final nail in the coffin for him. Can’t think of anyone else who would possibly want to be a witness... his Dad? Try to set out some mitigating circumstances and lay some blame on the Mum? I’m not sure what their relationship is like?

Wednesday afternoon for the summing up.

By Thursday morning Judges directions and summing up. Jury deliberation and by

Friday afternoon a GUILTY verdict.
 
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I'm wavering between

he will give evidence because;
he knows he's got nothing to lose, so it will be, as Caro says, his final chance to have a go at TM
he has an arrogant streak ( moo ) and won't be able to resist spinning a fantastical story

or

he won't give evidence because;
He knows the Prosecution will outsmart him
He thinks it is better just to maintain the silent, I'm innocent, persona
 
Hi all. Another Newbie here. I've been following the thread closely since the court date started and thank you all for how much information is put here. Also the journalist on Twitter is doing a great job.

I can't recall any similar cases where a child was kidnapped from their own home and brutalised in such a horrific fashion. I personally believe she was downstairs and he coerced her/forced her out of the house whilst threatening her. There is a lot more to his motives that we may never know.

I won't ever leave keys in my door (when locked) again. These kind of incidents greatly worry me - I have 3 daughters who are slightly younger than Alesha. I hate the world we live in.
 
I was a court reporter way back in the olden days before Twitter. Actually, even before mobile phones unless you include the solitary Motorola brick car phone that my office had!

Trials always take the same format.

The prosecution begins with a statement, then start calling their witnesses who they examine on the stand. The defence is allowed to cross-examine these witnesses.

When the prosecution has called all their witnesses, the defence calls theirs. The prosecution can cross-examine these witnesses.

When all evidence has been heard, the prosecution sums up their case in a speech. Then the defence sums up. The defence always goes last as it is considered fairer to the defendant (the jury having their statement freshest in their minds).

Then the Judge/Sheriff sums up the entire case, makes any points of law to the jury.

The jury is then sent out to deliberate. They must try and reach a unanimous verdict but if that isn't possible the judge will allow a majority verdict.

The defendant is under no obligation to take the stand during the defence phase. That is a decision the defence team must make. Usually they don't want to expose the defendant to cross examination by the prosecution.

All my court reporting experience was in England, but the basic format is the same in both countries I believe.

ETA: Personally, I can't see the defence subjecting a 16 year old lad to cross examination.
 
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My P.M with Fraser Knight

Hope this is within Websleuth rules, if not ... @Tortoise made me do it ;) ;)

Appearing as a child? Does this mean tried as a child? If so, will this affect length of sentence if (when) he is found guilty?

If this animal gets off lightly with such a disgusting crime I will lose all faith in our justice system. People like this should NEVER see the light of day again, he is a clear danger to society and these people cannot be rehabilitated back onto society IMO.
 
Appearing as a child? Does this mean tried as a child? If so, will this affect length of sentence if (when) he is found guilty?

If this animal gets off lightly with such a disgusting crime I will lose all faith in our justice system. People like this should NEVER see the light of day again, he is a clear danger to society and these people cannot be rehabilitated back onto society IMO.

Yes he is being tried as a minor. I think it will affect his sentence in as much as I don't think whole life tariff is allowed for a minor. His initial sentence will be to a YOI until age of 21 then a further sentence in adult prison applies. Luke Mitchell got a minimum of 20 years.

ETA - Luke was not tried as a minor and his victim was 14. Personally I think he is innocent.
 
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