UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #5

[stephaniejanes]

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[Nikynoo]

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isn't it Chapter 15 (Solemn Proceedings) and not 19 (Summary Proceedings)?

Solemn proceedings Serious criminal offences are prosecuted on indictment befor a judge and jury of 15 persons. These proceedings are called "solemn proceedings" as distinct from summary proceedings befor a sheriff or justice(s) of the peace sitting without a jury.

EBM - to include definition of Solemn Proceedings

 

[Yenriac]

Ah sorry. As I said I do not have great knowledge of law. I only have personal knowledge due to speaking to prison officers and guards for approx a year

I actually think we're saying the same thing, in a different way. No worries, no need for apology.

 

[Ardoch]

That's really interesting.

Thank you
(sorry to include this here - is it generally accepted that you are 'thanking' a poster by 'liking' a post rather than bulking the Thread with 'thank you' posts? Thank You ....!

Edited: whoops should have linked to Stephanie Jane's post

 

[Sleuthdolf]

The way that an alcoholic only functions to a degree, the way that you are deemed unfit to drive a vehicle- I can’t believe you believe people who smoke weed function normally, even they don’t hence why they smoke it.

Hence why it is being legalised in so many countries and treats numerous mental and physcial illnesses. The problem with the street stuff is it is being sprayed with ludicrous amounts of THC.

We're getting off track anyway. Let's respectively agree to disagree.

 

[Alyce]

Our weak justice system will give him 20 years minimum sentence most likely, at which point he will be eligible for parole.

Do you think it will be that low Kyndigs ? - genuine question. I got the impression that Lord Mathews was not overly impressed with AC, so I think a stronger sentence is forthcoming. Although the post verdict reports that are submitted to him may of course alter that.

 

[Yenriac]

Do you think it will be that low Kyndigs ? - genuine question. I got the impression that Lord Mathews was not overly impressed with AC, so I think a stronger sentence is forthcoming. Although the post verdict reports that are submitted to him may of course alter that.

I think at least 25 years.

 

[Ruthbullock]

Perhaps. But his mother has already said in the media that she attempted to sell the house after everything that happened, so she may have been successful. And it was furniture being moved out, that doesn't sound like just his 'belongings'. They would have been shared collective items which I doubt he could demand back as 'his'.

Nor have any reason to, unless he was furnishing the rigs.

 

[TaylorCallum]

I understand Lord Matthews gave Angus Sinclair 37 years but I think that may have been in part due to his past crimes and the fact he had already served time in prison. I do not believe he will be lenient on Aaron, but I'm not sure he will be as strong given his young age and the fact that he does not have a prior criminal record, despite how horrendous this crime was. I could be wrong though.

 

[Ardoch]

I think this case in general will be looked at legally, medically and academically and talked about for years to come.

 

[Cherwell]

Regarding the bit bolded by you. I think the point MRazda was making has went over your head. She wasn’t suggesting that Genie deserved less sympathy. She was applying the same logic that you applied to Rab to highlight the issues with your logic. Let’s keep in mind both parents have lost a child at no fault of their own.

That's exactly how I understood it. The quote in its context made perfect sense.

 

[Ruthbullock]

I understand Lord Matthews gave Angus Sinclair 37 years but I think that may have been in part due to his past crimes and the fact he had already served time in prison. I do not believe he will be lenient on Aaron, but I'm not sure he will be as strong given his young age and the fact that he does not have a prior criminal record, despite how horrendous this crime was. I could be wrong though.

Im curious and I know others follow many cases and may know the answer - can serious offenders manage to be rehabilitated, released and live a normal life many years down the line?

 

[Ardoch]

Im curious and I know others follow many cases and may know the answer - can serious offenders manage to be rehabilitated, released and live a normal life many years down the line?

This is the first case that I've followed so closely.
I believe Robert Thompson was rehabilitated successfully and went on to lead a normal life. IMO
Bulger killers prove child criminals can be rehabilitated

 

[LuluR38]

Hi. New here and following all the points closely.

Can anyone explain if it was only semen DNA that was found on Alesha? Can you even distinguish between different bodily fluid types?

I’m not saying AC didn’t rape and murder but just wondered How conclusive the DNA evidence was.

<modsnipped - against TOS>

Yes different bodily fluids which can carry DNA also have different cell types and properties so can be Distinguished from One another e.g. Saliva, semen may have the presence of soerm and can be used to age a deposit if within a few days, vaginal fluid, blood etc. I think epithileal cells are present in saliva and vaginal fluid (of my Masters in forensics serves me correctly but that was many moons ago...). I had wondered this also as to whether semen was the sole DNA recovered from her... I don't doubt for a second that he did it however irrespective of this ...

 

[Bluedaisy100]

I just e-mailed scotcourts asking about the transcript. It says they can take up to 20 days to reply though. Hopefully, I'll hear word back soon.

Thanks so much! I'm doing a happy dance! We really just got twitter crumbs to work with. I think the details of the testimony are all important. I'd be more than willing to chip into a fund if necessary. Thanks for taking the trouble

 

[Yenriac]

I understand Lord Matthews gave Angus Sinclair 37 years but I think that may have been in part due to his past crimes and the fact he had already served time in prison. I do not believe he will be lenient on Aaron, but I'm not sure he will be as strong given his young age and the fact that he does not have a prior criminal record, despite how horrendous this crime was. I could be wrong though.

Paige Doherty's killer, John Leatham was handed 27 years at initial sentencing, no previous. It was tgen reduced by 4 years because he showed remorse, amongst other reasons. AC has not shown any remorse. He plead not guilty.

 

[Ardoch]

Paige Doherty's killer, John Leatham was handed 27 years at initial sentencing, no previous. It was tgen reduced by 4 years because he showed remorse, amongst other reasons. AC has not shown any remorse. He plead not guilty.

What if he showed some remorse between now and the sentencing? Would that be accepted and considered or doubted?

 

[Noseyjosie]

It’s a shame, she hasn’t been more supported by the islanders. Whilst she raised him- she reported him and held her hands up to it all. She can’t be held personally responsible for his actions, if that thought was followed then Aleshas dad and grandparents are also responsible (which I don’t think at all!) by the fact that they didn’t keep her safe and left keys in the door and allowed their son to deal drugs. Sadly I was close to two different families who have had murders occur, neither family moved away and the community supported them. I hope she’s just moving to be nearer a better support network.

Think it was my post post you've referred to and I totally agree with you.

It may just be be too that it's a van collecting her estranged husband's belongings ... locals putting 2 and 2 together and coming up with mum moving out may not be correct.

I thought perhaps mum is cleansing the house of everything to do with AC, including furnishings. I do feel very sorry for her, I know she has probably turned a blind eye and protected him over the years but he's her son and life must have been very hard for her with his seemingly contemptuous attitude towards her - especially with hubby away a lot. I sincerely hope she has a good support network and that she can eventually move on. There are so many victims in this crime it breaks my heart

 

[Gardenista]

Im curious and I know others follow many cases and may know the answer - can serious offenders manage to be rehabilitated, released and live a normal life many years down the line?

Maybe. But, to me, it's not worth it to take the chance.

 

[Alyce]

I think this case in general will be looked at legally, medically and academically and talked about for years to come.

Agree - and would not be surprised if there is a book, or two, about it.