GUILTY UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #8

[Kasmeer]

I'm sure I'll get shot down for this but it's really not a surprise his sentence was reduced and legally it was the correct decision. His original sentence was higher than other comparable cases. Sentencing has to be fair and across the board. Just because it was a particularly abhorrent crime doesn't mean the guidelines can be ignored.

It's the guidelines that are the issue here rather than the judges decision today.

Agreed, I think the article on BBC Alesha MacPhail killer has sentence cut said it's still the longest sentence ever given to a minor in Scotland, so it's fair, even if we don't like it. The problem in my mind is that in Britain as a whole, sentences are too low - he's still got a far longer sentence than many adult murderers get! I can appreciate the idea of second chances for children, if they show signs of being rehabilitated, but I think at his age, and with what he did, he's unlikely to fit that category... but relatively speaking, this is still even now an exceptionally long sentence for someone of his age. It's about as good as it could get within the current system I think.

 

[Yenriac]

Or has there been signs? I haven't read the report in full but what does this mean?

"....prior adult sanctions for exhibiting sexually inappropriate behaviours..."
in Dr MacPherson's statement.

Again, I might be out of context but this sounds like he had previously been in trouble for being sexually inappropriate towards someone. Would be interesting to know who had sanctioned him for this if that’s the case.

 

[bronbaby]

Again, I might be out of context but this sounds like he had previously been in trouble for being sexually inappropriate towards someone. Would be interesting to know who had sanctioned him for this if that’s the case.

was this the 'close to home'?...
IMO

 

[Yenriac]

Based on the report it does sound like there were some signs, maybe not signs of murder or necrophilia but certainly signs of him being sexually inappropriate.

 

[Yenriac]

was this the 'close to home'?...
IMO

That’s what I wondered? Adult sanctions could be any adult in his life IMO.

 

[Yenriac]

This is also an interesting point in the report. Even in prison it suggests he could be a danger to other prisoners.

Dr Johnstone’s report, where she stated:
“I would also caution that he is very likely to be the type of prisoner who will pose no particular management problems or behavioural concerns and perhaps manoeuvre himself into a trusted position – perhaps as a Passman - in the establishment and thereafter take an opportunity to perpetrate a serious offence.”]

 

[bronzepurple]

Oh just heard the news of the outcome! I suspected he would either get a couple of years taken off or nothing at all. I've started to read the scotcourt report but I think I will stop as it sounds horrendous

 

[Yenriac]

Although his punishment part of the sentence has been reduced he still has a life sentence. Let’s hope it stays as such and he never gets out.

 

[Yenriac]

Oh just heard the news of the outcome! I suspected he would either get a couple of years taken off or nothing at all. I've started to read the scotcourt report but I think I will stop as it sounds horrendous

Don’t, it’s awful. So much more detail.

 

[Sarahlou]

I'll just say I strongly disagree with this decision and personally think he should never set foot outside of prison ever again. That decision has really peed me off.

 

[Yenriac]

I'll just say I strongly disagree with this decision and personally think he should never set foot outside of prison ever again. That decision has really peed me off.

Yeah it’s a sickener. Hopefully he won’t. He still has a life sentence, he has to serve 24 years before the parole board will even give him the time of day.

 

[bronzepurple]

I skimmed over a lot of the details about injuries, but I saw part way down the report it says:

'He appeared irritated by the medical evidence that
the child was alive at the time of the sexual assault as this would not have fulfilled his desire
for necrophilia.'

This sounds so strange...it sounds like he was proud to have necrophilia as a badge of honor(?)… I mean he obv knew she was alive for some of it (shudder) and I think he would have got off on seeing her in pain and terrified, so why does he seem annoyed by the statement that she was still alive at the time? The only thing I can think of is he seems proud to tick all the boxes for the most extreme things regarding sexual sadism and psychopathy... it's like he's proud of those things? What do you guys think of the statement?

 

[Yenriac]

I skimmed over a lot of the details about injuries, but I saw part way down the report it says:

'He appeared irritated by the medical evidence that
the child was alive at the time of the sexual assault as this would not have fulfilled his desire
for necrophilia.'

This sounds so strange...it sounds like he was proud to have necrophilia as a badge of honor(?)… I mean he obv knew she was alive for some of it (shudder) and I think he would have got off on seeing her in pain and terrified, so why does he seem annoyed by the statement that she was still alive at the time? The only thing I can think of is he seems proud to tick all the boxes for the most extreme things regarding sexual sadism and psychopathy... it's like he's proud of those things? What do you guys think of the statement?

The statement says to me that he wanted to sexually assault her when she was dead. The medical evidence confirmed she was alive during part of the sexual assault which annoyed him. The crime was not what he thought it was. He didn’t get the ‘badge of honour’ for being a necrophile. I think you’re right in him trying to ‘tick the boxes’
He also said he hadn’t fantasised about this but acted upon his thoughts at that time. Which proves he’s impulsive.
It’s harrowing reading.
Edit: I don’t think he got off on the pain or her fear, I think it was the acts he committed that he got off on. I don’t think he cared about how scared she was. Only my opinion but the whole crime, trial and appeal was all about him and his feelings. Alesha’s feelings didn’t come into it.

 

[RubyLee87]

That report is so disturbing and dark. This person should never be released into society. My heart breaks for Alesha and her family. I don’t have any faith in the justice system.

 

[Joolz1975]

Most annoying for me is that he will see this as some kind of victory.

Yes his sentence has been reduced but in all honesty it was to be expected (dont agree with it personally I dont think he should ever be released, his young age shouldn't be an excuse for what he did) but I suppose if you put his sentence side by side with other young killers his was very long.

But I do think he will be sitting there today thinking he has won some little victory against the courts.

I have doubts he will ever be released though and if he is it wont be long after before the public find out where he is.

 

[Kikixxxx]

Most annoying for me is that he will see this as some kind of victory.

Yes his sentence has been reduced but in all honesty it was to be expected (dont agree with it personally I dont think he should ever be released, his young age shouldn't be an excuse for what he did) but I suppose if you put his sentence side by side with other young killers his was very long.

But I do think he will be sitting there today thinking he has won some little victory against the courts.

I have doubts he will ever be released though and if he is it wont be long after before the public find out where he is.

Im not so sure, it seems like Jamie bugler 2.0. He will definitely get released one day I’m positive about that and I think it won’t be too long after he’s served his minimum sentence. I really hope not but like CJ macphail said, they said he wouldn’t be granted an appeal and he was, then they said his sentence wouldn’t be reduced and it has... can we really believe a word they say when they claim he might never be released ?

 

[Yenriac]

He might see it as a small victory but what he did and what he said is in the public domain now. He’s not got much to be pleased about.
I don’t think he’ll ever get out.

 

[Joolz1975]

Im not so sure, it seems like Jamie bugler 2.0. He will definitely get released one day I’m positive about that and I think it won’t be too long after he’s served his minimum sentence. I really hope not but like CJ macphail said, they said he wouldn’t be granted an appeal and he was, then they said his sentence wouldn’t be reduced and it has... can we really believe a word they say when they claim he might never be released ?

Maybe I'm naive in thinking that to be honest but the thought of him released from prison as a still relatively young man is pretty awful.

 

[Yenriac]

Im not so sure, it seems like Jamie bugler 2.0. He will definitely get released one day I’m positive about that and I think it won’t be too long after he’s served his minimum sentence. I really hope not but like CJ macphail said, they said he wouldn’t be granted an appeal and he was, then they said his sentence wouldn’t be reduced and it has... can we really believe a word they say when they claim he might never be released ?

Only my opinion but knowing what we know now and the point that was made about him possibly committing a serious offence in prison suggests to me he’s not capable of rehabilitation. I really believe he’ll stay in jail.

 

[beatrixpotter]

Poor baby girl. I can't believe his already paltry sentenced was reduced further. I can't believe that someone this vile who can't even feign repentance will be unleashed on society in the future. Just a couple of decades in jail to harden him even further. And then he'll get some kind of protection when he's released so the unsuspecting don't realize who they are dealing with till it's too late.