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Tree Slayers Case Moved To The Crown Court......
I bet these morons never thought they'd end up in the slammer.
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For more on marking an answer as the "Best Answer", please visit our FAQ.NJ; In theory any tree could be moved, but it would ba a massive & risky undertaking;
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Ref. your earlier comments; the report states that one of the alleged perpetrators pleaded not guilty and the other made no plea.
What would have happened if they had both pleaded guilty, would there still have been some form of trial, or would they have just been sentenced?
"What would have happened if they had both pleaded guilty, would there still have been some form of trial, or would they have just been sentenced? "
No they would have just been sentenced.
A guilty plea means the defendant accepts the allegation as presented by the prosecution. There is an alternative to plead guilty on a "basis of plea" where the defendant accepts he is guilty, but disagrees with the version of events that the prosecution puts forward. But generally, a guilty plea requires no evidence to be presented. The prosecution simply tells the court the facts as they allege them and sentencing takes place on that basis.
In this case, had they both pleaded guilty in the Magistrates' Court, the District Judge would have decided that the offence is too serious to be sentenced in that court and would have sent the defendants to Crown Court for sentencing.
The tree had self seeded. No one planted it there. Probably a bird or a rodent put the seed in the ground. Its ownership is very subjective.
If anyone had applied to plant a tree in an ancient monument any time in the last 10 years, then it certainly would have been denied.
The felled tree, with its roots, was certainly doing damage and harm to the ancient monument. And its felling could be argued to of benefit to Hadrian's Wall than a detriment.
"The felled tree, with its roots, was certainly doing damage and harm to the ancient monument. And its felling could be argued to of benefit to Hadrian's Wall than a detriment."
Exactly.
I doubt the ownership of the tree is arguable. It is on National Trust land (IIRC) and whether or not it was deliberately planted or occurred naturally I would imagine the NT can claim ownership. I have plants in my garden which have appeared naturally - in particular a fine specimen of Berberis - which undoubtedly grew from a seed dropped by a bird or something. It is "mine" as far as I am concerned and no doubt in law as welI.
It is the value of this tree with which I take issue. It was almost certainly provided free of charge and even if it wasn't, it cost the NT nothing as they were not in existence when it was young. It has also required little or no maintenance. It cannot practically be replaced like for like (and, in view of the threat it posed to Hadran's Wall, would probably not be replaced even if it could be).
Its concocted value - arrived at using a tool which clearly is not fit for this particular purpose - concerns me because it will undoubtedly influence sentencing in the event the defendants are convicted. It may also influence the jury, though it should not because the issue is whether those accused felled it regardless of its value. But juries are juries.
If this pair committed the offence I have no time for them. But I like to see justice done properly and - However much it was "loved" - to place a value of £622k on a 150 year old tree which was in the wrong place is simply ludicrous. I hope their briefs make this point satisfactorily if they have to.
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