Should She Be Allowed To Appeal

[emmie]

worth reading, its an extraordinary story

http://www.bbc.co.uk/news/uk-england-oxfordshire-42265869

[Jackdaw33]

I'm surprised that the Attorney-General has not already appealed on the grounds that the sentence was unduly lenient.

[Barmaid]

No I dont. OK, so there are no grounds set out in the article but at first blush I dont think her sentence is either wrong at law or manifestly excessive. I think the single judge will refuse. OK she can make an application in front of the full CA, but I just cannot see what she is going to argue.

[dannyk13]

Nor me.Probably going to plead that her aspirations to become a surgeon will be affected by her sentence.

[EDDIE51]

Barmaid, the only reason I can see for her asking for leave to appeal is to increase her personal expierience of the inner workings of UK law. Your post that the CPS are out of time to appeal and so can not increase her sentence makes sense of an otherwise incomprehensible situation, thanks.

[Barmaid]

I would have thought the conviction alone is enough to do that, Danny.

[EDDIE51]

danny, she pleaded guilty, so she can not reverse that guilty plea.
The actual sentence makes no difference to her future employment , it is the FACT that she has been convicted that is the barrier to her career not the sentence for that conviction.

[Baldric]

///the only reason I can see for her asking for leave to appeal is to increase her personal expierience of the inner workings of UK law///

And how would that help her become a Surgeon?

[dannyk13]

Yes, that's why I can't understand why she is appealing against sentence rather than conviction.

[albaqwerty]

I'm sure I read in the link that she had suspended her studies at Oxford but will need to face some sort of panel if she wishes to resume them.
(don't fancy her chances of resuming her studies - if I were the head of Oxford Uni, I'd be livid that the uni was being mentioned and dragged into this mess.

[ToraToraTora]

yes, then than can throw the evil litttle woc in jail, does she know that sentences can be changed both ways?

[Old_Geezer]

Sure she should; but why would she want her lenient sentence converted into a custodial one ?

[Barmaid]

But the CA do not have that power! If you appeal against a sentence and it is hopeless ALL they can do is Order that time spent on remand does not count. A sentence can only be increased if it is referred to the Attorney General and then it is appealed by way of an AG Reference. She has no risk of having her sentence increased.

[Mamyalynne]

//does she know that sentences can be changed both ways?//

A bit like your words lately, juvenile.

[Peter Pedant]

when her dear parents heard it was a bread knnife
they said - oh blimey she must have been drunk - she always said she wanted to the HEAD surgeon......

The GMC when making its regulation EVEN better - you know the one that screwed child protection because no one would do it - decided that medical students would be regulated -
so that unsuitable students could be prevented from EVER qualifying and harming their patients....
yeah minority report in real life !

I dont know if it is something to do with that

as for should she be allowed to appeal
isnt it obvious that if someone think they have grounds for appeal they should be allowed to plead the case ?
( but not an indefinite number of times - interest rei publicae ut sit finis litium and all that jazz)

(howls of "interest whatty-kigh who-sit finish etc" amid cheers)

[Baldric]

Have your Meds been reviewed lately Peter?

[Peter Pedant]

// I'm sure I read in the link that she had suspended her studies at Oxford but will need to face some sort of panel if she wishes to resume them. //

yeah in the Good Old Days if you were convicted of an offence you risked being chucked out of college
and you could be sent down for much less
( last case of someone being sent down for refusing to turn up to Chapel was Pembroke in 1935)

[Old_Geezer]

No expert. If the sentence can not be increased then no wonder she's considering trying it on. I just went by recent news reports whereby an appeal resulted in a stiffer sentence. If one can appeal it ought to be able to go either way, IMO.

[Peter Pedant]

// Have your Meds been reviewed lately Peter?//
hahahahah you so funny !
well we havent had that hilarous quip for at least a day!

[hereIam]

PP I know you are being serious (I think), but I always chuckle at your posts - am I supposed to ???

[pixie374]

It does look as though she has nothing to lose by asking then. It's not surprising she'll give it a go. I would be surprised if she succeeds though.