GUILTY UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #4

Discussion in 'Trials' started by Legally Bland, Jul 2, 2018.

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  1. Alyce

    Alyce Well-Known Member

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    Peter A Smith‏Verified account @PeterAdamSmith 40s40 seconds ago




    Discussing implications of identifying the 16 year-old on his family, including younger sister. Argument submitted is the editors’ code could protect someone in education from interference. Also if he were 18 his family would have no special protection other than editors’ code.
     
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  2. Alyce

    Alyce Well-Known Member

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    ssc.president‏ @PresidentSsc 14h14 hours ago

    Persons under 18 are not named before conviction because the UK is a signatory to the UN Convention on the Rights of the Child, and a person under ighteen is deemed in law to be a child. Section 47 of the Criminal Procedure (S) Act 1995 requires this.

    However, Section 47 (3) states that the court, if satisfied that it is in the public interest can, direct that the requirements mentioned above can be dispensed with. That will be considered in detail tomorrow, and the names of the killer might be published thereafter./

    Lord Matthews may prefer to wait until the punishment part of the life sentence is imposed before making a ruling. Sentencing is in four weeks' time. On that date the accused will know the minimum period he will require to spend in prison

    Matters do not end there. At that stage it will be up to a future Parole Board to decide whether it is safe to release him. Very few people who murder defenceless children are released until a great many years after the punishment part expires

    So, if the punishment part is (say) 25 years, that does not mean he will be free aged 41. He might well still be in custody when he is 71; it will depend on future risk assesments that will be affected by the nature of the offence he committed.
     
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  3. Alyce

    Alyce Well-Known Member

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    Lorna Gordon‏Verified account @bbclornag 3m3 minutes ago

    Argument put forward by QC seeking lifting of anonymity order protecting killer of Alesha McPhail that murderer's name, address, images of him, his school, social and family circumstances should all be allowed to be published.
     
  4. Alyce

    Alyce Well-Known Member

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    Peter A Smith‏Verified account @PeterAdamSmith 36s36 seconds ago

    Crown adopts a neutral position. Has no argument that public interest would be “offended” if 16 year-old were to be identified. Offers no submission but suggests there are exceptional cases to lift anonymity. Adds it is difficult to imagine a case more exceptional than this.
     
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  5. wtiger

    wtiger Like a poundland Elvis

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    Crown offering nothing here.....pretty sure this will be a yes from the judge
     
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  6. TaylorCallum

    TaylorCallum Well-Known Member

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    Imagine being in prison for 55 years, god. I'd rather die honestly. But I suppose that is the point. That's more of a punishment for some people.
     
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  7. Alyce

    Alyce Well-Known Member

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    Lorna Gordon‏Verified account @bbclornag 24s25 seconds ago

    Crown adopts a broadly neutral position on lifting of anonymity of killer of Alesha McPhail. Says difficult to imagine case more exceptional, by nature of the crime, the impact on a small community, and effect on the 19 year-old who killer falsely attempted to blame.
     
  8. Alyce

    Alyce Well-Known Member

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  9. wtiger

    wtiger Like a poundland Elvis

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    Prison is a state of mind not a location....for some people...prison is no punishment whatsoever
     
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  10. Vevvie

    Vevvie Member

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    Same. His name and pictures are all over FB and Twitter. People are trying to find his family and friends. I feel for them, they weren’t to blame.
     
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  11. Alyce

    Alyce Well-Known Member

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  12. Alyce

    Alyce Well-Known Member

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    James Shaw‏ @JGBS 18s19 seconds ago




    Arguing that the teenager who raped and murdered Alesha MacPhail should not be named, his lawyer says there has been credible intelligence of a threat to his client.
     
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  13. TaylorCallum

    TaylorCallum Well-Known Member

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    If there's a "price on his head" then they already know his name so what's the difference surely, no? Or am I reading that wrong?
     
  14. Alyce

    Alyce Well-Known Member

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    Wonder what the credible intelligence is
     
  15. wtiger

    wtiger Like a poundland Elvis

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    Human nature is having a need to understand.

    People are just stumped as to the why....what they do not appreciate is that the offender himself may not fully understand that one himself
     
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  16. molly67

    molly67 Well-Known Member

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    what the actual .... have I just read

    upload_2019-2-22_12-29-24.png
     
  17. Yenriac

    Yenriac Well-Known Member

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    There's threats to him all over Twitter but they already know who he is.
     
  18. TaylorCallum

    TaylorCallum Well-Known Member

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    Yeah, his girlfriend will get a torrent of abuse if she is found out.
     
  19. wtiger

    wtiger Like a poundland Elvis

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    Price on his head...Rofl

    In polmont that will be 2 ounces of baccy and a mars bar!
     
  20. Alyce

    Alyce Well-Known Member

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    Peter A Smith‏Verified account @PeterAdamSmith 3m3 minutes ago



    The defence for the teenage killer begins arguing against identifying him. Says there’s a credible threat and a “price on his head.” Judge asks: if that threat already exists, how does identifying him change that? Defence argues it risks exacerbating the situation.

    I think the argument is as per the above tweet - some people know who the murderer is and there is a threat against him.
    If the name is revealed, everyone knows who he is and there may be many more threats - greater danger to him
     
    Last edited: Feb 22, 2019
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