UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

[Tortoise]

I meant to post this last night too but forgot, as it was the source that led me to the Goudge Inquiry -

The term “asphyxia” is commonly used in the forensic literature to describe this sequence, but it is not a term used in clinical practice, except in relation to “birth asphyxia”, a situation that has also been criticised (Depp 1995).

The term “asphyxia” - literally meaning without a pulse - should be avoided, according to the Goudge Inquiry (Goudge 2008), as it is too unspecific a term.



Read more: http://www.forensicmed.co.uk/pathology/pressure-to-the-neck/

 

[Tortoise]

It sounds to me like it could be a combination of smothering (face) and manual strangulation (neck).

 

[jessie]

It sounds to me like it could be a combination of smothering (face) and manual strangulation (neck).

I don't read the cod as involving manual strangulation. I thought manual strangulation caused damage to the hyoid as well as obvious bruising marks.
I don't like to go there, but a six year old child raped by a much larger 16 year old male..........'Pressure' could possibly be caused by a heavy weight covering face and neck during the attack resulting in death?

 

[Tortoise]

The 16 year old boy charged with the rape and murder of 6 year old Alesha MacPhail on Bute has been fully committed for trial.

Heart Scotland News (@HeartScotNews) | Twitter

 

[Tortoise]

I don't read the cod as involving manual strangulation. I thought manual strangulation caused damage to the hyoid as well as obvious bruising marks.
I don't like to go there, but a six year old child raped by a much larger 16 year old male..........'Pressure' could possibly be caused by a heavy weight covering face and neck during the attack resulting in death?

It doesn't say whether the hyoid was broken or not, or what injuries there were. It could be that she was crushed or smothered by his weight, which would be unintentional I would think if it happened during the commission of the rape. IDK.

"The literature strongly suggests that hyoid fractures are rare in children and infants, since hyoid components are not fully ossified and are more flexible than in adults."
NCJRS Abstract - National Criminal Justice Reference Service

 

[Tortoise]

The teenager, of the Isle of Bute, who cannot be named because of his age, appeared at Greenock Sheriff Court for a second time on Friday.

He made no plea and has been fully committed and remanded in custody.

Alesha MacPhail: Boy to stand trial over 'murder and rape'

 

[Ontario Mom]

The 16 year old boy charged with the rape and murder of 6 year old Alesha MacPhail on Bute has been fully committed for trial.

Heart Scotland News (@HeartScotNews) | Twitter

Curious, does that mean he stays in custody until the trial?

 

[Tortoise]

Curious, does that mean he stays in custody until the trial?

Oh yes! Well I don't know what 'fully committed' means but the next article definitely says he's been remanded in custody.

 

[Alyce]

Curious, does that mean he stays in custody until the trial?

Most definately

sorry, Tortoise just beat me to it..... I wonder if bail was applied for or if his solicitor told him and his family to not even consider the request

would be very interesting to know if he has been committed as an adult or child

 

[Ontario Mom]

Most definately

sorry, Tortoise just beat me to it..... I wonder if bail was applied for or if his solicitor told him and his family to not even consider the request

would be very interesting to know if he has been committed as an adult or child

I'm guessing child, since the article states "who cannot be named because of his age".

 

[Tortoise]

Found the definition here -

Full committal – The second appearance in court for an accused who was remanded in custody at a committal for further examination. It takes place in private. The accused will be granted bail or remanded in custody until the trial.

Glossary of legal terms

 

[Alyce]

Re the COD and the possibility of it not being intentional.

Would have to wonder how a defence counsel would present this fact - that he meant to rape her but didnt plan on killing her. Very difficult.

 

[Tortoise]

Re the COD and the possibility of it not being intentional.

Would have to wonder how a defence counsel would present this fact - that he meant to rape her but didnt plan on killing her. Very difficult.

Very true. I suppose it's an easier job for the prosecution if there is evidence killing was intentional. It makes most sense if Alesha could identify him that he did intend to kill her.

 

[Alyce]

I'm guessing child, since the article states "who cannot be named because of his age".

I think you're probably right, although I did find an article ( last week and can't find it now ! ) saying that 16 and 17 year olds can sometimes be tried as an adult...the decision being made, I think, by the judge, pre trial.

I would imagine, if there is some debate about whether he can be tried as an adult, that this discussion would be held at the diet ( pre trial hearing ) so at this point, today, name would still not be released.

Having said all that, I think he likely will be tried as a child .

 

[Alyce]

Struggling with internet connections today but trying to find the statutory time limits for trial...from memory isn't it something like 120 days from today

 

[Tortoise]

I think you're probably right, although I did find an article ( last week and can't find it now ! ) saying that 16 and 17 year olds can sometimes be tried as an adult...the decision being made, I think, by the judge, pre trial.

I would imagine, if there is some debate about whether he can be tried as an adult, that this discussion would be held at the diet ( pre trial hearing ) so at this point, today, name would still not be released.

Having said all that, I think he likely will be tried as a child .

Do you know what the difference comes down to - whether he is tried as an adult or not? Is it the court attire and setting and whether there is a jury or not, and does it mean he has to be named if he's tried as an adult? I could research it but someone might know already..

 

[Hedgehog]

Do you know what the difference comes down to - whether he is tried as an adult or not? Is it the court attire and setting and whether there is a jury or not, and does it mean he has to be named if he's tried as an adult? I could research it but someone might know already..

If you get tried as an adult in Scotland you get brought before a criminal court instead of a "childrens hearing". The Childrens Hearing is like a tribunal type thing with three 'trained professionals' a social worker & the Children's Reporter. If the Children's Reporter passes it on I think it goes to the Sheriffs court & they may pass it to the criminal court.

 

[Legally Bland]

If you get tried as an adult in Scotland you get brought before a criminal court instead of a "childrens hearing". The Childrens Hearing is like a tribunal type thing with three 'trained professionals' a social worker & the Children's Reporter. If the Children's Reporter passes it on I think it goes to the Sheriffs court & they may pass it to the criminal court.

In that case it has be passed to a criminal court. Children's Hearings look totally unsuitable for for the seriousness of the case.

A Children's Hearing is a legal tribunal that decides what's best for a child or young person who has a problem, such as:

• they're not being looked after properly
• they've been in trouble with the police or at school

You might need to go to a Children's Hearing so you can talk about your problem (or the person you look after's problem). A Children's Hearing can make the legal steps needed to help you.

Children's Hearings in Scotland - mygov.scot

 

[Alyce]

Do you know what the difference comes down to - whether he is tried as an adult or not? Is it the court attire and setting and whether there is a jury or not, and does it mean he has to be named if he's tried as an adult? I could research it but someone might know already..

It was in the document that I can't find...gggrrr...but from memory I think it depends on

Very long document here but this section gives info re criminal charges when the person is 16

16 and 17 year olds who become involved in offending behaviour can be dealt with in the Children’s Hearing System or the adult criminal justice system depending on whether or not the young person is subject to a compulsory supervision order (CSO).
If a young person is not subject to a CSO and they are charged with a crime after their 16th birthday, the Sheriff can request advice from the Children’s Hearing System regarding the most appropriate disposal for the young person and if minded to do so, can remit the young person to the Children’s Hearing System for disposal of the case.
In these circumstances the young person will likely be placed on a CSO to support their wellbeing needs.
TheSheriff can however choose to deal with the young person in the adult Criminal JusticeSystem. (


http://www.parliament.scot/Research..._and_the_Scottish_Criminal_Justice_System.pdf

Instead of going mad, searching through my history ! it would have paid me to look back in this thread.

This is the document I was talking about re the trial as adult or child.

 

[Alyce]

If you get tried as an adult in Scotland you get brought before a criminal court instead of a "childrens hearing". The Childrens Hearing is like a tribunal type thing with three 'trained professionals' a social worker & the Children's Reporter. If the Children's Reporter passes it on I think it goes to the Sheriffs court & they may pass it to the criminal court.

Many thanks Hedgehog