Adebayor's started so well for Man City
Who'd be a magistrate?
We've got a London magistrate coming on the programme on Wednesday who's going to give you an idea of just how difficult a job it can be.
So we thought we'd give you a couple of example cases and see what you would do. Have a read and let us know your decision - we'll reveal which option our magistrate took on the show.
CASE ONE - Neighbour punch-up.
Two neighbours had long dispute over parking. Mr A constantly parked near Mr B's house - in the road. It was perfectly legal and not in the way, but Mr B got cross. One day Mr B punched Mr A in the face several times through the open window - Mr A has a broken nose that needed hospital treatment.
Mr B pleaded not guilty.
He is described as a family man with his own business and no previous convictions.
What would you do?
1. Send him to prison.
2. Give him a community penalty?
(You have an option to make him pay compensation to the victim on top of his sentence.)
CASE TWO - Drunken Asbo
A homeless man in his 40s with a history of alcoholism and public disorder offences is in custody, after being arrested for being drunk and disorderly. He has also, for the third time in 9 months, breached an ASBO levied on him banning him from being drunk in public - this is a far more serious offence, meriting a sentence of 6 months in prison.
He pleads guilty, which entitles him to a reduction of one-third off his sentence.
Your maximum power today is to sentence him to 6 months in prison - but you have the option to send him up to the Crown Court, which has the power to sentence up to 5 years in prison.
What would you do?
1. A fine.
2. A conditional discharge.
3. 6 months in prison.
4. Send him to the Crown Court for a longer sentence.
Don't forget to tune in on Wednesday morning to find out what our magistrate decided in each case.
CASE ONE - Neighbour punch-up.
Send MR B 2. for a community penalty(service)
Reason-- He needs to know how to behave in Public, No body is suppose to abuse anybody Physically regardless of what problem u have with them.u dont want to prison him because u
need to give him a chance to learn easy way.
CASE TWO - Drunken Asbo
Send him to the Crown Court for a longer sentence.
Reason--the particular person is no good to society, u never know what he will do tomm, he might kill some one tomm,abuse physically or some thing else, and he is not learning his leason.
The first case would be a prison sentance for ABH if I were a magistrate the second would be a conditional discharge the condition would be; to be a resident in a drug and Alcohol facility and to give the man a social worker who could facilitate a better living environment post residency.
what was the outcome on this as I listened up until about 10.30 then had a business meeting to attend and hence missed the magistrates verdicts
Case 1.
A prison sentence. This assault involved several blows, not just one, and the victim needed hospital treatment. Only a custodial sentence is acceptable given the severity of the assault.
Case 2.
I would want to know what the 'disorderly' element of the charge consists of. Merely being drunk in public should not, in a free society, be an offence. Charging people for merely being drunk - or giving them an ASBO for this - is a sure sign of fascism. I would ignore the ASBO aspect of this case.
If the disorderliness was merely verbal and not directed at any person in particular then a small fine would be sufficient (the man is homeless and therefore a small fine to you and me would be a significant penalty to him). If however he was abusive or threatening to any individual then he should receive a 28 day prison sentence as no other penalty would have any effect on him given his homeless (and presumably unemployed) status.
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I once applied to be a lay magistrate but was considered too white, male and middle class. Nowadays they only want blacks, women, and those from social class C. No wonder the public is losing all confidence in the judicial system.