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

[Nikynoo]

Probably not going to be popular, but I think there are several grounds for appeal, based around age, medical and social reports as well as the length of the sentence (punishment phase). If you compare similar crimes committed by adults, then the sentence does seem rather high. It will be interesting to see what the grounds are.

 

[Crestnut]

Why didn't they get to him? Were they too graphic or something? Did they mention the victims do you think?

Well when I asked a G4 guard he stated that letters were similar to visitors so as such prisoner needs to add to a list for approval to receive and even then prison authority has to grant it. Whether that is true or not I cannot say but what I know is true is that only letters that got to the prisoner I nursed was from a lady who had been writing to him for years
Sorry editing also to add---- think of all the hate mail ac might receive--- at end of the day that could be classed as harassment even although he has done what he has done he still has human rights unfortunately

 

[Alyce]

Criminal courts
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court.

The High Court is both a court of first instance and also a court of appeal.
As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland.
As a court of appeal, it sits only in Edinburgh.

Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases.
An appeal may also be made to the High Court if the High Court itself heard the case at first instance.
Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.

There is no further appeal from the High Court's decision on appeal,
in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom, the highest court.
Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Supreme Court of the United Kingdom (previously these were head by the Judicial Committee of the Privy Council)


BIBs are mine

 

[Kikixxxx]

Probably not going to be popular, but I think there are several grounds for appeal, based around age, medical and social reports as well as the length of the sentence (punishment phase). If you compare similar crimes committed by adults, then the sentence does seem rather high. It will be interesting to see what the grounds are.

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?

 

[TaylorCallum]

Criminal courts
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court.

The High Court is both a court of first instance and also a court of appeal.
As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland.
As a court of appeal, it sits only in Edinburgh.

Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases.
An appeal may also be made to the High Court if the High Court itself heard the case at first instance.
Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.

There is no further appeal from the High Court's decision on appeal,
in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom, the highest court.
Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Supreme Court of the United Kingdom (previously these were head by the Judicial Committee of the Privy Council)


BIBs are mine

Ah, so it'll be heard by two judges. One of whom I assume would be Lord Matthews? How does that work though? What if they disagree, how do they come to a decision?

 

[Yenriac]

Does his team have to be provide new evidence to support an appeal ?

No. It's only an appeal against the sentence, not the conviction.

 

[Kikixxxx]

In 1961 at the age of 16, Sinclair was convicted of murdering his seven-year-old neighbour Catherine Reehill. He was sentenced to 10 years in prison and served six behind bars.

Omg! He served 6 years the first time?

 

[TaylorCallum]

In 1961 at the age of 16, Sinclair was convicted of murdering his seven-year-old neighbour Catherine Reehill. He was sentenced to 10 years in prison and served six behind bars.

Omg! He served 6 years the first time?

Yes but that was the 60's so a lot has changed since then. I'm pretty sure the psychologist back then warned them though that Angus Sinclair was dangerous and should not be released and they didn't listen to him.

Imagine using that as a grounds for appeal though. "Well Angus Sinclair only got 6 years for a similar crime so why shouldn't I?"

 

[Yenriac]

Imagine he appeals and actually does get his sentence increased lmao.

That wouldn't surprise me, he should be punished further for the audacity he's shown.

 

[TaylorCallum]

Imagine the prospect of Aaron getting out at 22. God.

 

[Ardoch]

Imagine the prospect of Aaron getting out at 22. God.

I know! *shudder*
It makes you think about this proposed testing for psychopathic behaviour at a young age and any crime that might be committed after a positive result. I'm not sure how it would work in law.

 

[bronzepurple]

I just saw the news headlines about the appeal, so headed on over here! Just when you think it's all over! Does anyone know how long an appeal takes to go to court? And would it be open for members of the public to attend, like his sentencing was?

 

[Yenriac]

I just saw the news headlines about the appeal, so headed on over here! Just when you think it's all over! Does anyone know how long an appeal takes to go to court? And would it be open for members of the public to attend, like his sentencing was?

Appeals are held in closed court i think.

 

[bronzepurple]

Appeals are held in closed court i think.

Ah I see, thanks Yenriac.

 

[TaylorCallum]

I just saw the news headlines about the appeal, so headed on over here! Just when you think it's all over! Does anyone know how long an appeal takes to go to court? And would it be open for members of the public to attend, like his sentencing was?

I'm sure I read before that it takes between 5 and 10 months on average? But I could be mistaken. Not sure if it's open to the public.

 

[TaylorCallum]

Oh here:

"There are a number of different factors which affect the time an appeal will take, such as sentence length, complexity, co-appellants and other features of the case. We can guide you through the process step-by-step.

In appeals to the Court of Appeal Criminal division, the Criminal Appeal Office currently aims to process a conviction case, from receipt of the application to the final hearing, within 10 months. On average, a simple appeal against sentence case will take about 5 months."

Appeals Barristers | London | 25 Bedford Row

I think this is based on the rest of the UK though, don't know if it's the same for Scotland?

 

[Yenriac]

I'm sure I read before that it takes between 5 and 10 months on average? But I could be mistaken. Not sure if it's open to the public.

I hope the appeals board make it sooner rather than later. Put an end to his grandstanding and posturing.

 

[bronzepurple]

I'm sure I read before that it takes between 5 and 10 months on average? But I could be mistaken. Not sure if it's open to the public.

Oh that's quicker than I thought! Genie must be raging reading about this so soon after the sentencing.

 

[Yenriac]

Oh that's quicker than I thought! Genie must be raging reading about this so soon after the sentencing.

He's only doing it because he can, last minute too for added effect.

 

[RubyLee87]

Not surprised about the appeal news. He’s an evil psychopath so quite predictable he would want to prolong the family’s suffering while gaining more attention for himself. I hope it’s unsuccessful.

Just to add to the letters in prison discussion, I imagine correspondence is heavily monitored and AC may be advised to ignore most letters. Otherwise it would be open to tabloid journalists posting him letters then publishing his reply for a story.