GUILTY UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #7

[Crestnut]

So can the high court reject his appeal ? Or does it have to be heard ?

I believe sentencing appeals have to heard but not other appeals as in any new information to his case

 

[bronzepurple]

Alesha's mum says she'll 'laugh' if killer's appeal 'blows up in his face'

 

[Lyndaloo]

The only time I want to see this monster in MSM again is to hear of his death...most preferably tortured by his fellow inmates who will mostly be as disgusted as us by his evil crimes, lack of remorse & taunting her poor family. There is a special place in hell waiting for him.

 

[bronbaby]

Hi TaylorCallum,
What did you say to him in the letter?

 

[Alisajo]

Does anyone know of a case similar or someone of a similar age to AC ? What Was their sentences ?

In Australia, although it's not Scotland, sentenced 2 teenagers (16 & 14 yr olds), to Life plus 25 yrs for the brutal murder & rape of "Janine Balding".

I hoped AC was sentenced the same.

 

[Eve71]

No, it can be rejected. Which I suspect it will be!

Yes it will most certainly be rejected. Powers that be have probably already made their minds up with this one. It’s all for show on his part and pure greed from his legal team. The public purse will be footing the bill again for this sham, it’s a complete disgrace! When he’s rejected , he’ll most likely take it to the European Court of appeals.

I’ve never wished him dead, but if he’s going to continue tormenting the families the sooner he meets his maker the better.

 

[Cappuccino]

There is no European Court of Appeals. If you mean the ECHR, they deal purely with breaches of the Convention on Human Rights, so I don't see how he would have an appeal to be heard there. He had a fair trial, he wasn't abused in custody and he's been given a determinate sentence by an impartial judge.

There is no human rights issue here.

 

[Eve71]

There is no European Court of Appeals. If you mean the ECHR, they deal purely with breaches of the Convention on Human Rights, so I don't see how he would have an appeal to be heard there. He had a fair trial, he wasn't abused in custody and he's been given a determinate sentence by an impartial judge.

There is no human rights issue here.

Ok, I thought he could .

 

[Yenriac]

Ok, I thought he could .

This will hopefully be the final nail in the coffin for him, i can't see him being able to take it further than this. Appealing his sentence is all he can do now. I think the appeals board will reject it.

 

[TaylorCallum]

Hi TaylorCallum,
What did you say to him in the letter?

Hey!
I asked what the past few weeks had been like from his perspective. I asked what his regular routine was like in Polmont and I asked him how he was feeling about his upcoming sentencing (I sent it a few weeks before). Just general questions really, nothing specific about the case because I didn't think that was appropriate.

 

[Nikynoo]

I can’t find a case to compare it to AC. Does anyone know of any? No previous, under 18 committing rape and murder of a child. I can’t think of any , Angus Sinclair the first time maybe?

I did say, committed by adults. I think the punishment phase may be lowered on appeal - that does not mean he will be released though - I still think that he will be held indefintely, but there must be steps in place to properly assess him during this time. After all, the psych report said that it shows 'some' psycopathic traits and 'probably' showed a wide range of risks for sexually harmful behaviours'.

I'm really wondering if the final diagnosis (undertaken when his brain is fully mature) will be psycopathy and if it is, why is this not an abnormality of the mind? I know that it is a personality disorder and that psycopaths are 'bad' and not 'mad', does anyone know why this is the case?

 

[TaylorCallum]

I'm really wondering if the final diagnosis (undertaken when his brain is fully mature) will be psycopathy and if it is, why is this not an abnormality of the mind? I know that it is a personality disorder and that psycopaths are 'bad' and not 'mad', does anyone know why this is the case?

The only thing I can think of is that being a psychopath technically doesn't inhibit your ability to understand right from wrong or impair your cognitive abilities. When you suffer from psychopathy you're still fully aware of what is morally expected of you and what rules and laws apply, some just choose not to abide by them. So I think it's more of a case of that they are not considered "mad" because they have the ability to show restraint and not act upon their harmful impulses, but they do it anyway simply through sheer selfish desire. They're conscious of what they're doing, it's not like they're blacking out and have no control.

 

[Nikynoo]

The only thing I can think of is that being a psychopath technically doesn't inhibit your ability to understand right from wrong or impair your cognitive abilities. When you suffer from psychopathy you're still fully aware of what is morally expected of you and what rules and laws apply, some just choose not to abide by them. So I think it's more of a case of that they are not considered "mad" because they have the ability to show restraint and not act upon their harmful impulses, but they do it anyway simply through sheer selfish desire. They're conscious of what they're doing, it's not like they're blacking out and have no control.

Thank you!

 

[Kikixxxx]

Im thinking there’s a chance it will get reduced aswell but in the long run I don’t think it will make any difference cause he was always gonna serve longer than his minimum sentence anyway. His QC said in court “mr Campbell knows he might never be released” so what was all that about?!

 

[Ardoch]

The only thing I can think of is that being a psychopath technically doesn't inhibit your ability to understand right from wrong or impair your cognitive abilities. When you suffer from psychopathy you're still fully aware of what is morally expected of you and what rules and laws apply, some just choose not to abide by them. So I think it's more of a case of that they are not considered "mad" because they have the ability to show restraint and not act upon their harmful impulses, but they do it anyway simply through sheer selfish desire. They're conscious of what they're doing, it's not like they're blacking out and have no control.

Those earlier posts about the psychologist ( and others) saying that if it was caught young enough that there are opportunities for containment in thoughts and compulsions: I wonder if this and his age might be a factor in appealing his sentence?

 

[TaylorCallum]

Those earlier posts about the psychologist ( and others) saying that if it was caught young enough that there are opportunities for containment in thoughts and compulsions: I wonder if this and his age might be a factor in appealing his sentence?

Yes, that's definitely an interesting point! However, he'll be 17 by the time an appeal happens and so I think thought patterns and compulsions are pretty entrenched by then. Maybe if he was a few years younger it could be argued that rehabilitation was more plausible as he would still have more time to develop? But he's almost an adult so I don't know if they would buy that. His defence might argue it though.

 

[Nikynoo]

Yes, that's definitely an interesting point! However, he'll be 17 by the time an appeal happens and so I think thought patterns and compulsions are pretty entrenched by then. Maybe if he was a few years younger it could be argued that rehabilitation was more plausible as he would still have more time to develop? But he's almost an adult so I don't know if they would buy that. His defence might argue it though.

but he was just 16 when the crime was committed. I cannot think that he wasn't assessed prior to trial

 

[Alyce]

I think age is definately going to be the basis of the appeal. However, the pre sentencing reports were so grim, that I think this will very much work against him.
Plus his age was already taken into account by the Judge and, as far as we know, he has shown no sign of remorse.

 

[Deano saunders]

I can’t see the sentence being reduced at all

 

[TaylorCallum]

but he was just 16 when the crime was committed. I cannot think that he wasn't assessed prior to trial

I'm sure he was assessed prior to the trial but he denied the crime at that time, so I think it's harder to get an accurate analysis on someone (especially a psychopath) when they do not admit what they have done or when the full extent of their crime is not clear, as they have not explained it in detail. I do think the defence definitely will argue his age though, I'm sure that will be their major talking point.