Emma wrote on Jun 10
th, 2014 at 6:43pm:
I will click here next.. but I do agree Aussie...
And... not only Juries do unexpected things .. so do Judges.
I was personally involved in a legal matter... the Judge virtually directed the Jury to find for guilty.... ( a position of punishment held, which was later reflected in his sentencing )
The Jury did not find guilt in all major charges...and only found guilty on the least charge... common assault.
The Judge was not happy, and at sentencing the decision
meant he couldn't sentence to jail or any really punitive imposts...
the defendant had an absolutely clean record... nothing ever... the Prosecutor sought the softest possible outcome, and the Judge , altho only imposing a 2 yr good behaviour bond.. (much to his disgust) insisted on recording the conviction for assault on the defendants record.
So now... this person has a criminal record... who had only sought to protect themselves from a psycho killer....
and this person faces various ramifications as a result. Including such things a difficulty in getting insurance.. .
all because of the malice of a Judge.
SO
the point???
NEVER expect you will know what the outcome of legal matters will be..
It is nearly always, NOT what was hoped for or expected.
I trust this person took the matter further.. or at least his lawyer did..
judges are there to follow the rules of law.. and if the jury found the person not guilty then the judge has no right to inflict punishment that is inappropriate a recording of a conviction can do much harm to a persons lively hood..
no one should settle for that it sounds like victimisation..
its bad enough if its warranted but if its because of a judge takes a dislike to you...
thats isnt justice..
like I said when a sentence is over turned its because of the judge.. what he did or didnt do..
they are judges for sure but that doesnt mean they can take the law into their own hands.. anymore than you or I can.
throw the book at him..
To follow-up..
Yes,.. an Appeal was heard .. against the recording of the conviction.
The three Judges indicated that, altho they may not have chosen to do as the original Judge did, he did not act outside the powers of his position.