Yes what's that all about .I wonder - what is it with TH self-harming?
It was said during cross examinations that he did it every day.
He even showed his injuries to Arthur telling him it was HIS falult that "daddy bear" was hurt!
It doesn't matter how scared of him she was, she could have left when he was at work. The fact she stayed speaks volumes.Just bringing over the judges sentencing remarks in regards to the murder of Daniel Pelka.
They were both found equally responsible and Luczak did try and use the fact that she was a victim of domestic abuse in her defence.
https://www.judiciary.uk/wp-content...ents/r-v-krezole-and-luczak-sentencefinal.pdf
I wonder - what is it with TH self-harming?
It was said during cross examinations that he did it every day.
He even showed his injuries to Arthur telling him it was HIS falult that "daddy bear" was hurt!
Aha.He definitely admitted to self harming.
Whether he showed his injuries to Arthur and accused Arthur of being the reason for the self harm is only on the word of ET.
There's a bit about familial deaths which might apply.
It doesn't matter how scared of him she was, she could have left when he was at work. The fact she stayed speaks volumes.
I had a look over the CPS docs again, I found one about manslaughter and culpability which I think fits more with Hughes. I'll see if I can send the link
I agree with you, I think her controlling behaviour was relentless and eventually he did whatever she wanted for an easy life. He said he was always having to go somewhere to pick someone or something up for her. Which left her ample time to make Arthur cry through whatever method took her fancy at the time.It was also noted that she has a strong support system around her, as well as multiple agencies involved eg health visitor.
I was just trying to see if the defence of DV would hold any baring, in her case it didn’t. Coercive and controlling behaviour wasn’t a crime back then, and I wonder if maybe her sentence would have been different? Just to clarify, I’m glad it wasn’t! She is another parent I cannot get onboard with.
Being a victim to coercive and controlling behaviour has been successfully used as a defence and mitigating factor, Sally Challen being the most publicised case. Does this relationship between ET and TH portray TH as a victim of this, and if so, can it be used to mitigate his sentence? I think it might.
But "wanting an easy life" doesn't sound to me like a mitigating factor.I agree with you, I think her controlling behaviour was relentless and eventually he did whatever she wanted for an easy life. He said he was always having to go somewhere to pick someone or something up for her. Which left her ample time to make Arthur cry through whatever method took her fancy at the time.
Hughes family said he wasn't a confident person. 10 people could tell him he'd done a good job, but just 1 bad comment would change his opinion.But "wanting an easy life" doesn't sound to me like a mitigating factor.
I agree with you, I think her controlling behaviour was relentless and eventually he did whatever she wanted for an easy life. He said he was always having to go somewhere to pick someone or something up for her. Which left her ample time to make Arthur cry through whatever method took her fancy at the time.
It crossed my mind he worked at Screwfix - because that's where he wanted to meet the social worker. At the time I thought it was to hide something, but what if he wanted a chance to speak to the SW without ET being present?It’s also this that makes me think he was working cash in hand you know? Not a chance would you be so domineering and commanding and then just be like “yes ok, leave your child here with me even though I cannot stand him and have told you how bad he is”. There had to be something in it for her, something to benefit her. Also, the times TH was leaving the house in the morning correlate more towards working in a trade. No shops are open at them times, and the ones that are, aren’t ones that you can shop at for hours at a time.
Illegal working cant be brought into his defenceIt’s also this that makes me think he was working cash in hand you know? Not a chance would you be so domineering and commanding and then just be like “yes ok, leave your child here with me even though I cannot stand him and have told you how bad he is”. There had to be something in it for her, something to benefit her. Also, the times TH was leaving the house in the morning correlate more towards working in a trade. No shops are open at them times, and the ones that are, aren’t ones that you can shop at for hours at a time.
It crossed my mind he worked at Screwfix - because that's where he wanted to meet the social worker. At the time I thought it was to hide something, but what if he wanted a chance to speak to the SW without ET being present?
Secondary Liability: charging decisions on principals and accessories | The Crown Prosecution Service
So does this mean Emma is D1 and Tom is D2? Scottish law is different so I'm struggling to understand some aspects of English law in this case. Tom has been charged with murder - could that be downgraded at sentencing phase ie if the jury doesn't find him guilty of murder but find he encouraged the final act?
OK this makes sense, and makes things much clearer for me - thankyou!Sorry I’m late! I’ll try to summarise it using the case. ET (D1) and TH (D2) set out to commit child abuse (crime A), if we take the ET is responsible for the bolus and the injuries that caused Arthurs death (crime B). She is the principle. TH is an accessory, participated, encouraged and aided in the committing of crime B. TH should have had to foresight that his actions may embolden ET to abuse Arthur.
Sorry I’m late! I’ll try to summarise it using the case. ET (D1) and TH (D2) set out to commit child abuse (crime A), if we take the ET is responsible for the bolus and the injuries that caused Arthurs death (crime B). She is the principle. TH is an accessory, participated, encouraged and aided in the committing of crime B. TH should have had to foresight that his actions may embolden ET to abuse Arthur.