Kyle Butcher

I generally used Twitter for 'following' rather than 'tweeting'...but that is increasingly 'under review'.

[Kyle Butcher @KyleButcher]

@Barristerblog Agreed, that this is highly salient and not previously reported on.

BUT

You can't describe this as "served the equivalent of 18 month custodial sentences".

"Entitled under the CJA 2003 to 240 days to be taken as time served against any custodial sentence", for sure.

/...

[Kyle Butcher @KyleButcher]

@TheLincolnImp I said 2/2 but one further coda:

There is an art to working across political parties – lost in recent years as it became more about shifting the Overton Window on sociocultural issues/ideologies – which doesn't require compromising on your convictions.

You can always walk away.

[Kyle Butcher @KyleButcher]

@TheLincolnImp Indeed, crimes offend against society, not just the direct and indirect victims.

At the same time, you'd need to be a uniquely callous individual to meet with grieving parents and respond:

"You are wrong about what killed your son. It was the consensus you just called for". 2/2

[Kyle Butcher @KyleButcher]

@Francis_Hoar @Barristerblog Thank you, most appreciated!

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law a kind of guide to be applied, and there are significant gaps between the different starting points based on factors which the ordinary person would think were not of a different inherent character to those factors which are used for aggravation and mitigation.

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law is something which absolutely does feature in the commentary in the Practitioner Texts and in the appellate case law from the Court of Appeal.

The problem – and the thing that makes my have every sympathy with sentencing judges – is that the rest of Sch.21 is designed to be a

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law @Jebadoo2 the knife was unsheathed and if that is the moment in time we are looking at, the aforementioned logic about 'brought to the scene applies'.

However, you raise an important point about that which I will respond to under that chain of posts.

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law @Jebadoo2 My view was that is one possible analysis, based on the sentencing remarks.

Although, as per the other analysis under discussion, one might take the view that this point didn't arise because the jury convicted on the possession offence on the basis of that moment in time when

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law @Jebadoo2 Yes, statutory defences would be the term I am familiar with when you want to pick out a defence which is expressly set out in a particular statute.

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law @Jebadoo2 brought to the scene, but was already at the scene, when the murderous intent came into being.

These are complex and nuanced points, well beyond the scope of what a community note can capture.

But I agree that the community note isn't a helpful reflection of the law here.

[Kyle Butcher @KyleButcher]

@XplodingCabbage @BarbaraRich_law @Jebadoo2 previous point, I think the judge has already done the hard work in putting the jury verdict (for which they are not required to give reasons) into context by saying the possession offence came into being when the knife was unsheathed, but by virtue of that the knife was not