Judge in underage sex case says she feels 'extremely sorry' for defendant

by Guest Fri Apr 10, 2015 8:47 pm

Judge Sylvia de Bertodano launches a scathing attack against the CPS for bringing the case to court:

A top female judge stunned a court when she apologised to a man for sentencing him for having sex with a 15-year-old girl. Judge Sylvia de Bertodano also slammed the Crown Prosecution Service after Connor O'Keefe admitted having sex with an underage teen who "was nearly 16." The 18-year-old had originally been charged with rape after his encounter with the girl, who got drunk at a festival in June last year, in a supermarket car park. A court heard O'Keefe, who was 17 at the time, and the victim were part of a group who went to a Morrisons in the early hours of the morning. The pair then had consensual sex in the car park of the store in Royal Leamington Spa, Warwickshire, after other friends went to a nearby McDonald's.

http://www.telegraph.co.uk/news/uknews/law-and-order/11527938/Judge-in-underage-sex-case-says-she-feels-extremely-sorry-for-defendant.html

The Judge is right and common sense should have prevailed here:

She said: "So what I'm dealing with is consensual sex between two teenagers. "I have to deal with this on the basis that a 17-year-old had sex with a girl who was almost 16, and they had both had too much to drink. What are we doing here?
"But still the prosecution wanted to press on.
"I don't know what the world has come to when I am asked to deal, in a serious criminal court, with two teenagers who got drunk and had sex.

by eddie Fri Apr 10, 2015 10:10 pm

It's a fine line isn't it?
I see what the judge is saying but what else could she do?

It's the parents of the girl who obviously pressed charges.

by Guest Fri Apr 10, 2015 10:40 pm

eddie wrote:It's a fine line isn't it?
I see what the judge is saying but what else could she do?

It's the parents of the girl who obviously pressed charges.

I know Eddie and completely understand. Glad they checked the CCTV, and found she was lying, as he would have been convicted of rape. Do not get me wrong he has done wrong by having sex with a minor, even if she was nearly 16 and its no excuse to be drunk either, both underage.

He added: "We obtained that, and what it showed was Connor and her leaving Morrisons car park seeming quite happy together and making their way into the centre of Leamington.
"There was then CCTV of her in the fast food restaurant chatting to people and climbing over barriers.
"It was felt her account was significantly undermined."

I think you are bang on the money that it was the parents pushing this as seen by the Girls story not matching the CCTV evidence.

by eddie Sat Apr 11, 2015 10:10 am

It's a complete waste of legal time and money didge.

by Original Quill Sat Apr 11, 2015 6:41 pm

eddie wrote:It's a complete waste of legal time and money didge.

I couldn't agree more. Also, if you are right and this is the girl's parents, this is another example of a perceived victim's revenge. They should be made to read: "The Victim Tyrant Cycle," by Julie Roberts, at least a hundred times.

Complete waste of time.

by Ben Reilly Sun Apr 12, 2015 3:47 am

Does the UK not have one of those "Romeo and Juliet" laws? This is preposterous.

by Guest Sun Apr 12, 2015 7:11 pm

of course, the JURY, if they wanted to, could find the lad "not guilty" even in the face of all evidence and law.
A process known as Jury nullification
by which a jutry "nullifies" the law IN THAT ONE CASE ONLY
it does NOT set precedent
however IF the same laws get nullified repeatedly it is a good signal for the law makers to have a look as to WHY juries keep finding thus

A way for juries to signal that in that one circumstance the law is indeed an ass

by Original Quill Sun Apr 12, 2015 11:36 pm

A better way would be for the state to stop being an arse and drop the charges. That's called prosecutoriial discretion:

Cliffsnotes wrote:As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. Prosecutors exercise unfettered discretion, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources.

The parents only get their way if the prosecutor wants...or is a family friend. Judge in underage sex case says she feels 'extremely sorry' for defendant Wink

Judge in underage sex case says she feels 'extremely sorry' for defendant Wink

by Guest Mon Apr 13, 2015 1:06 am

oh I agree Quill...but since when has "the state" EVER stopped being an arse??

sometimes the "12 good men and true" have to get their collective ass into gear and put their foot down as in "enough is enough"

thing is things like "jury nullification " are NOT widely known about and, if truth be know probably supressed

by veya_victaous Mon Apr 13, 2015 4:03 am

@quill
pretty sure it is different in the Uk (it is here)
http://www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html

they do not have anywhere near as much leeway, charges are laid by police on advice from the prosecutor who is controlled by the CPS and DPP. they are not elected or appointed they are employed by the crown directly. (they are even Equal opportunity employers)
http://www.cps.gov.uk/careers/index.html

there is no such thing as a plea bargains (our legal systems don't barter with the truth)

by Original Quill Mon Apr 13, 2015 4:09 pm

veya_victaous wrote:@quill
pretty sure it is different in the Uk (it is here)
http://www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html

they do not have anywhere near as much leeway, charges are laid by police on advice from the prosecutor who is controlled by the CPS and DPP. they are not elected or appointed they are employed by the crown directly. (they are even Equal opportunity employers)
http://www.cps.gov.uk/careers/index.html

there is no such thing as a plea bargains (our legal systems don't barter with the truth)

The CPS always asks the fundamental question first: "Is it in the public interest for the CPS to bring the case to court?" http://www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html

At a minimum, all a prosecutor has to do is stand up during opening statement and say, "...he's not guilty and it would not be in the public interest to go forward," and then move the court for a non-suit. What are they going to do...arrest him? For what...doing justice? Pawsh...they can't even fire him without cause for that.

In any adversarial system there is always such a thing as 'prosecurial discretion'. All you have to do is remain seated and say nothing.

Judge in underage sex case says she feels 'extremely sorry' for defendant

Judge in underage sex case says she feels 'extremely sorry' for defendant

Judge Sylvia de Bertodano launches a scathing attack against the CPS for bringing the case to court:

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Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant

Re: Judge in underage sex case says she feels 'extremely sorry' for defendant