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

[LuluR38]

You are a rock-star! TY.

I would be surprised if you get it for free unless it's published openly - I worked in a government organisation and we had to pay for them for our decision making and risk assessment processes ...

 

[Yenriac]

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

I don't know to be honest. John Leatham plead guilty AC did not, AC's not guilty plea will be taken into account. If he is showing remorse now i would imagine it's only because he's been found guilty.

 

[LittleMystery]

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?

I’ve been looking into other cases in Scotland to try and gauge the sentencing.

This one came to my attention as it happened in Glasgow in the early 90s, a case if you are local that you will be familiar with but didn’t quite get the same national media attention as Jamie Bulger.

It appears the killer has now went on to be rehabilitated and live a normal life. So much so that when his fb profile was discovered recently, the media chose not to publish his recent picture.

Boy who killed child goes free

Scotland's youngest killer found on Facebook by toddler victim's shocked family

 

[TaylorCallum]

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?

I think it depends on whether or not they show genuine remorse and a willingness to change like @Ardoch linked below.

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

Which goes on to @Yenriac's point:

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.

This is true. Aaron hasn't shown any remorse yet or even acknowledged it, so that will work against him I believe.

 

[kyndigs]

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.

He can't give a whole life term because of his age, I don't see him getting more than 25-30 to be honest.

 

[Taskforce88]

He can't give a whole life term because of his age, I don't see him getting more than 25-30 to be honest.

I can't see it being over 25 years myself. Although his final release might be much later depending on the parole board.

 

[Ruthbullock]

Indeterminate sentences
These are sentences that do not have a set end point, such as a life sentence. However, the judge will set a punishment part for such sentences which is the minimum time an offender must spend in prison. After that time, they can be considered for release on licence by the Parole Board for Scotland. Each time release from prison is not recommended, it will be reconsidered within two years.



Life sentences

Life sentences must be given for murder under the law, but they can also be given for other extremely serious offences such as repeated rape. If a person is sentenced to life imprisonment, the judge must, by law, set a punishment part of the sentence. This is the minimum time the person must spend in prison before they can be considered for release into the community by the Parole Board for Scotland. Depending on the circumstances of the case, the punishment part can be lengthy. To date, the longest punishment part given in Scotland is 37 years. If a person sentenced to life imprisonment is released into the community, they will be on licence for the rest of their life and can be recalled to prison if they breach the terms of their licence.



Order for Lifelong Restriction (OLR)

An OLR is a lifelong sentence put in place to protect the public. It is a sentence of imprisonment which can be imposed on people convicted of serious violent or sexual offences, other than murder, at the High Court. The judge must set a ‘punishment part’ of the OLR which is the minimum time the offender must spend in prison before being considered by the Parole Board for Scotland for release into the community.If offenders are considered to be safe to serve the rest of their sentence in the community, they will remain under the intensive supervision of a criminal justice social worker. If the person commits another crime, they can be sent back to prison. Read more.
Copied from the Scotland webpage

 

[sunshine2019]

Does anyone know if the findings of AC's background reports and current assessments will be made public or cited in court? Also, will the judge and/or psychiatrists be aware of the claims etc being made in the press about previous red flags?

 

[Ruthbullock]

I did know, but hadn’t really realised and processed Jamie Bulgers killers only served 8 years before parole and then release on a life long sentence

 

[Ricky Roma]

Hi, new here but been following this case.
I do think they've got the right person. Some things bother me about the case, namely the lack of any DNA or fibre evidence inside the McPhail flat. I'm just not sure about the whole snatching Alesha from her bed part. Maybe she was sleep walking, but we'll probably never know.

The case reminds me a bit of the Luke Mitchell trial 15 years ago. He's constantly proclaimed his innocence and it's been in the press constantly over the years due to doubts over DNA evidence. I think we'll still be going over this case in many many years time.

The other thing that really bothers me is AC's father. Now, if your son had been implicated in this horrific crime and you had even the smallest shred of doubt in your head that he was capable of such despicable things, surely you would turn up and give him moral support in court and even try to paint a picture of him as a decent human being in the press? That says a lot to me.

 

[Ruthbullock]

Hi, new here but been following this case.
I do think they've got the right person. Some things bother me about the case, namely the lack of any DNA or fibre evidence inside the McPhail flat. I'm just not sure about the whole snatching Alesha from her bed part. Maybe she was sleep walking, but we'll probably never know.

The case reminds me a bit of the Luke Mitchell trial 15 years ago. He's constantly proclaimed his innocence and it's been in the press constantly over the years due to doubts over DNA evidence. I think we'll still be going over this case in many many years time.

The other thing that really bothers me is AC's father. Now, if your son had been implicated in this horrific crime and you had even the smallest shred of doubt in your head that he was capable of such despicable things, surely you would turn up and give him moral support in court and even try to paint a picture of him as a decent human being in the press? That says a lot to me.

Whether he had a doubt or not- it’s his child! Not really thought about it before now, but I hope he was there in court whether to condemn or to support. If (and I have no idea, he could well have been there) he wasn’t , shame on him- he should have taken the time off work.

 

[Ciana]

You said "Well, quite frankly, I have no words. Perhaps you are aware of things that many of us on here, myself included, are not privy to re that above quote. I am presuming that you have inside information to make such a statement."

BBM

Apologies if you took it the wrong way. It was not a question. It was my presumption that perhaps you knew of things that the majority of us are not privy to. Both the parents, grandparents, great-grandparent/s, et al are suffering horrendously. I did see it reported in MSM that Rab is having difficulty coping with day to day life. I do not believe for a second that the family are involved in any way whatsoever.

 

[Ciana]

The cannabis angle is getting annoying, the telegraph are making such a big deal about it too . So facts he hadn’t smoked on the night in question he was drinking , yes he went out looking for it and I’m sure RM will regret dealing for the rest of his life , as I believe the arse went there to break in using the knife knowing they had a yale lock . His mother said he didn’t smoke it regularly however even allowing a 14 / 16 yr old to drink and smoke cannabis is away above what I could tolerate. So yes his mother and father are at fault . Also the kind of cannabis that RM was selling was most likely **** council solid so called polm from Ardrie I have a niece there and that’s all they smoke. Also think it’s ridiculous that people are implying alesha was left alone , wheres the evidence ? Im lost why people can’t just accept a jury saw all the evidence and all voted guilty, end of. It there is a conspiracy theory it’s probably why so many people covered for this psychopath! Ctv in the house why do you think that was ? Actually he’s a sociopath he took that stand cos he so arrogant and thinks he’s better than anyone else. He’s shown no remorse and hopefully they’ll put him away for a long time .

Hello, Keeneye, I spotted in your post that poster/s have mentioned that Alesha was left alone......I have not seen that, I will have a look back on the thread. Apart from everything else, the grandfather and his partner were in the house all during the night as far as I am concerned and the poor man woke up at 6am for work and found the wee soul missing?

 

[Alyce]

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

If he had made a guilty plea on first day of trial, it would have reduced his sentencing by a few years. Pleading guilty now, will not help him.
It can only help when he gets to his parole date.

 

[Alyce]

He can't give a whole life term because of his age, I don't see him getting more than 25-30 to be honest.

Far as I know, Scotland does not have a Whole of Life tariff.
I take your point though..to give more than 30 years, even for such an horrendous crime , would possibly be considered too draconian, based on his age.

 

[Sleuthdolf]

For anybody interested I emailed Professor Wilson earlier and was surprised to get a response. I've taken some details out as i'd rather not have my personal details on here.

I emailed him: Hi Professor Wilson, I am a big fan of your work and really enjoy the shows i've seen you in. However, I am struggling with this case and trying to understand it. I am by no means an expert but have a keen interest in crime. My question is how much knowledge did you have of the case? Did you have information not readily available to the public? My main problem is you not having enough evidence to label him a psychopath and killing out of dissociating himself with the crime. From the evidence I have seen he bragged about the crime in subtle ways which would lead me to believe he is definitely a narcissist who enjoyed the attention.

His response: Dear (name removed), Thank you for your e mail and for your kind comments. Psychopathy is a personality disorder and is a complex one at that. Too often I see that label applied too carelessly but it can only be clinically applied after careful consideration. I did not feel that I knew enough about AC to be able to label him as such, but others – who might have been able to do the PCL-R on him might be able to with more certainty than me. With my best wishes, Professor David Wilson

 

[Alyce]

Does anyone know if the findings of AC's background reports and current assessments will be made public or cited in court? Also, will the judge and/or psychiatrists be aware of the claims etc being made in the press about previous red flags?

I would expect at least some reference to them to be made within the Judge’s sentencing remarks.
Am sure the Judge will be well aware of all the claims and, hopefully, will have better knowledge than us as to what is fact and what is rumour.

 

[Ciana]

I am not knowledgable re appeals but I do know appeals can be made against a conviction length etc as they go by previous sentencing of others
Example: I nursed a prisoner for over a year. About 2 years before I nursed him he managed to get 3 years off his original 30 year sentence due to some law and sentencing that had occurred in a total different case. Here is link if you can decipher all the legal jargon ANDREW WALKER v. HER MAJESTY'S ADVOCATE

Jeez oh. Crestnut, I have a memory of one of your prior post's where you may have mentioned this prisoner in a different capacity; where you had nursed him and had gotten to know him and he was likeable. I can understand that. Many nasty pieces of work (for want of a better word for folk of that ilk) can be extremely charming and personable. Those three victims must have been terrified, God rest their souls.

 

[sunshine2019]

For anybody interested I emailed Professor Wilson earlier and was surprised to get a response. I've taken some details out as i'd rather not have my personal details on here.

I emailed him: Hi Professor Wilson, I am a big fan of your work and really enjoy the shows i've seen you in. However, I am struggling with this case and trying to understand it. I am by no means an expert but have a keen interest in crime. My question is how much knowledge did you have of the case? Did you have information not readily available to the public? My main problem is you not having enough evidence to label him a psychopath and killing out of dissociating himself with the crime. From the evidence I have seen he bragged about the crime in subtle ways which would lead me to believe he is definitely a narcissist who enjoyed the attention.

His response: Dear (name removed), Thank you for your e mail and for your kind comments. Psychopathy is a personality disorder and is a complex one at that. Too often I see that label applied too carelessly but it can only be clinically applied after careful consideration. I did not feel that I knew enough about AC to be able to label him as such, but others – who might have been able to do the PCL-R on him might be able to with more certainty than me. With my best wishes, Professor David Wilson

Good work.

 

[mrazda71]

Apologies if you took it the wrong way. It was not a question. It was my presumption that perhaps you knew of things that the majority of us are not privy to. Both the parents, grandparents, great-grandparent/s, et al are suffering horrendously. I did see it reported in MSM that Rab is having difficulty coping with day to day life. I do not believe for a second that the family are involved in any way whatsoever.

Nope ... sorry ... I'm still not getting it.

What about my comment made you think that I have 'insider knowledge' ?