Pleading guilty for a lesser sentence? Really? Who says this?

2012-03-12T07:31:00.002-07:00

The following information has been collated and published by our friends at the Legal Defence Monitoring Group, which we are pleased to circulate to supporters of the Glasgow Defence Campaign. It contains interesting and somewhat definitive vindication that pleading guilty in the hope of getting a lesser sentence is NOT a good tactic in political trials. This is a point we have repeated ad nauseam, to those who have argued that pleading guilty will somehow either result in a lesser sentence – or halt police harassment.

We would like to thank the Legal Action Monitoring Group for bringing this information to our attention – it is our hope that by making it more widely available that these hard lessons be learned and understood – so that in the future we do not repeat these mistakes of the past.

SENTENCING SUMMARY FROM RECENT STUDENT AND ANTI CUTS PROTESTS

Collated by Legal Defence and Monitoring Group
http://ldmg.org.uk/
Up to date as of March 2nd2012 but this will change every week...
Keep checking LONDON ABC website for update - https://network23.org/londonabc/prisoners/

Notes:

This list is the sentencing results of all known [by LDMG] cases of violent disorder plus a few other cases. This list is comprehensive but by no means complete.
Some 180 people (that we know of) have been arrested since Millbank (excluding the Fortnum and Mason 145...)
There are at least 20 plus who are currently preparing for trial after pleading not guilty to violent disorder – many trials are taking place between now and April 2012.
There are dozens and dozens of others who have either had their charges dropped, accepted cautions or bind-overs.
There are many other sentences that were not as harsh as many of these below, though no other violent disorder cases that we know about. These were some of the most serious sentences that we have pulled out so far.
Sometimes lists like this do not reflect the differences between the cases. Although some people who have very similar cases have a very different outcome you also need to note that some people charged with the same thing may have very different circumstances in the details of their case.
The most important thing is preparing your case well! Don't assume that your legal team will do all the work – you need to do as much as you can.
While the earlier results look depressing at first glance – they are – please remember that it was the people that pleaded guilty that were the first to go through the court process. But now that people who pleaded not guilty are going to trial the large majority are being found NOT GUILTY. This is a repeat of Gaza trials. Please read this recent article by Matt Foot from Birnbergs where he highlights the shocking statistic about muslim Gaza protestors charged with violent disorder - 'More than 60 of them pleaded guilty and went to prison while six of the seven who were tried were acquitted.' http://www.thisislondon.co.uk/standard/article-23993788-get-protest-in-perspective-and-free-charlie-gilmour.do
If anyone thinks that having more background info on any of the above cases might help their case or their appeals then please get in touch with LDMG – you can email them at: ldmgmail@yahoo.co.uk & / or courtsupport@riseup.net
Don't forget to check out London ABC for list of prisoners who could do with our supporthttps://network23.org/londonabc/prisoners/
Where there is no name or number given this is either because they did not want our help, didn't wish for their name or number to be publicised, or we are still waiting for confirmation to do so. Again keep checking for updates.
Please write to them!

NB - The information is correct as far as we know but that does not mean that we have not been given incorrect information or made mistakes, yes it has been known. If you notice any errors then please let us know, e.g. we may have the wrong solicitors down as a few people changed firms during the court process.

Violent Disorder sentencing so far from student and anti cuts protests:

Male (JD)Pleaded guilty to violent disorder 26/3/2011
Kingston – Judge Dodgson – March 2^nd 2012
Sentence: 12 months custodial, suspended for 2 years. 120 hours unpaid community work, £250 costs
Solicitors: Bindmans; Barrister: Tom Stephens

Male (OF), 19 years oldPleaded not guilty to violent disorder at student protest (24/11/10)
Jury found him guilty
Sentenced Kingston – Judge Price – March 2^nd 2012
Sentence: 12 months custodial, suspended for 2 years. 125 hours unpaid community work, 3 months curfew
Solicitors: Matt Foot (Birnberg Pierce), Barrister: Nick Wrack

Male (MO)Pleaded not guilty to violent disorder at student protest (9/12/10)
Kingston – Judge Campbell – February 27^thJudge directed jury to give not guilty due to lack of evidence
Solicitors: Matt Foot (Birnberg Pierce)

Male (PA) pleads guilty to charge of criminal damage, sentencing in June 2012
Pleaded not guilty to violent disorder at the student protest (10 Nov 2010)
Kingston – Judge Dodgson – February 23^rd 2012
Verdict: Found NOT GUILTY by jury
Solicitors: Matt Foot (Birnberg Pierce)

Male (GF)Pleaded not guilty to violent disorder at student protest (9/12/10)
Kingston – Judge Mitchell – February 20^th 2012
CPS’s witnesses didn’t show up at trial, judge was too annoyed to adjourn it, not enough evidence present, case was dropped

Male (PF) Pleaded not guilty to violent disorder at the student protest on 9 Dec 2010
Charges were dropped before trial, after 14 months

Male (OA)Pleased not guilty to violent disorder at student protest (Nov 10 2010)
Jury found him guilty
Sentenced Kingston – Judge Dodgeson – February 9^th 2012
Sentence: 12 months custodial, suspended for 2 years. 120 hours unpaid community work, £1000 fee
Solicitors: Matt Foot (Birnberg Pierce), Barrister: Nick Wrack

Male (AJ H)Pleaded not guilty to violent disorder (26/3/2011)
Kingston – Judge Southwell – February 7^th 2012
Verdict – Found NOT GUILTY by jury
Solicitors: Matt Foot (Birnberg Pierce)

Male (LB)Pleaded not guilty to violent disorder and affray at student protest 9 Dec 2010
Kingston – Judge Southwell ? - January 26^th 2012
VERDICT – Found NOT GUILTY on both charges by jury
Solicitors: Matt Foot (Birnberg Pierce); Barrister: Mr Nereshraa

Male (EF)Pleaded not guilty to violent disorder at student protest 9 Dec 2010
Kingston – January 23^rd 2012
Charges were dropped at last minute before start of the trial
Solicitors: Bindmans

Male (JJ) Pleaded not guilty to violent disorder at student protests 2010
Kingston - Judge Tapping - Dec 14^th 2011
VD Jury returned 45 minutes later with a NOT GUILTY verdictSolicitors: ITN?

Female (SE)Pleaded not guilty to violent disorder at student protests 2010
Kingston – Judge Tapping – November 24^th 2011
VERDICT - Found NOT GUILTY by jurySolicitors: Matt Foot at Birnbergs, Barrister Nick Wrack

Male Age unknown (MS)Pleaded guilty to violent disorder on March 26th
Sentenced – Kingston – Judge Tapping – November 18^th 2011
Sentence: 100 hrs unpaid work and 12 months community order
Solicitors: HJA

Male under 21 (NE)
Pleaded not guilty to violent disorder at student protests 2010
Kingston – Judge Dodgson – November 17^th 2011
VERDICT - Found NOT GUILTY by jurySolicitors: Noble/Tank?NB 2 people linked with this case pleaded guilty and received non custodial sentences on Nov. 4th

Matt Robinson 21+ Pleaded guilty to violent disorder on March 26th
Sentenced - at Kingston – Judge Tapping – November 16^th 2011
Sentence: 12 months custodial
A5988AZ, HMP Wandsworth, Heathfield Road, Wandsworth, London, SW18
GT Stewart initially then swapped I think

Male under 21 (NH)
Pleaded guilty to violent disorder at student protests 2010
Sentenced - at Kingston – Judge Tapping – November 16^th 2011
Sentence: 9 months suspended for 2 years and 160 hours community payback
Solicitors: Julian Younge & Co

Male – (JS) under 21Pleaded guilty 2 violent disorder at student protests 2010
Sentenced - Kingston - Judge Dodgson - November 11^th 2011
Sentence - 6 months custodial (hopefully out by now on tag if not Feb 11^th at latest?)
Bindmans

Male (AG) – aged 21Pleaded guilty to violent disorder at student protests 2010
Sentenced – Kingston - Judge Dodgson - November 9^th 2011
Sentence - 120 hours unpaid work and 18 weeks tag and curfew – He threw a traffic cone underarm about 3 feet with nobody nearby
Solicitors: GT Stewart

Male over 21 (DB) Pleaded not guilty to violent disorder at Millbank
Kingston – Judge Dodson – 7^th November 2011
VERDICT - Unanimous NOT GUILTY by juryNB 1 person with very similar case pleaded guilty and received 12 month custodial

Male aged 18
Pleaded guilty to violent disorder
Sentenced at - Kingston – Judge Dodgson - Nov 4^th
Sentence - Curfew and tagged for three months and 100 hours unpaid work.
Solicitors:

Male aged 17
Pleaded guilty to violent disorder
Sentenced - Kingston – Judge Dodgson - Nov 4^th
Sentence - 8 month custodial suspended for 2 years. Curfew for three months and £400 costs.
Solicitors:

Omar Ibrahim Found guilty of VD from March 26^th
Sentenced - Kingston - Judge Price - Nov 4^th
Sentence - 18 months custodial
You can write to him c/o London ABC (Anarchist Black Cross), Freedom Bookshop, Angel Alley, 84B Whitechapel High Street, London, E1 7QX
Solicitors: Bindmans

Oguz Ornek 19 yrs old
Pleaded guilty to violent disorder at student protests 2010
Sentenced – Kingston - Judge Price - Nov 4th
Sentence - 18 months custodial at YOI.
You can write to him: A6914CH, Glen Parva YOI, 10 Tigers Road, Wigston, Leicester, LE18 4TN
Solicitor: CPL?

Male 19 yrs old
Pleaded guilty to VD
Sentenced – Kingston - Judge Price - Nov 4^thSentence - 8 month custodial suspended for 18 months plus 90 hours community payback and £350
Solicitors:

Zenon Mitchell-Kotsakis - 20 years old Male Pleaded guilty to violent disorder
Sentenced - Kingston - Judge Tapping - Nov 4^thSentence – 15 months in YOI
You can write to him: A6970CH, HMYOI Portland, 104 Grove Road, Portland, Dorset, DT5 1DL

Benjamin Sunderland - age 19 – Now out (Feb 2012)Pleaded guilty to violent disorder at student protests 2010
Sentenced at Kingston on Nov 4^th – Kingston - Judge Tapping
Sentence - 12 months YOI (Feltham and Portland)

Female (DW) 18-20 years old – Now out on tagPleaded guilty to violent disorder at student protests 2010
Sentenced at Kingston on Nov 4^th - Kingston - Judge Tapping
Sentence – 10 months custodial
Solicitor: HJA

Joseph Binney – age 20+Found guilty of violent disorder at trial Kingston Crown Court on Monday 31^st October from March 26^th
Sentenced on 25th November – Judge Dodgson
Sentence – 2 year custodial (had other unrelated charges as wellYou can write to him Joseph Binney, A5569CH, HMP Wandsworth, Heathfield Road, Wandsworth, London, SW18
Solicitors – Harrison Bundy Leeds

James Heslip - 21 year old – Now out on tag (Feb 2012)Pleaded guilty to violent disorder at Millbank Student protests – pushing sofa towards window
Sentenced 28/9/11 – Kingston – Judge Southwell ? -
Sentence - 12 month custodial
Solicitors: Gerard May?

19 year old male (CS)Pleaded guilty to violent disorder at Millbank – pushing sofa towards window
Sentenced 28/9/11 – Kingston - Judge Southwell ?
Sentence -12 month custodial
No contact details as yet

Female (LM)Pleaded guilty to violent disorder
Sentenced 28/9/11 – Kingston - Judge Southwell?
Sentence - 6 months custodial suspended for 2 years includes 2 year plus supervision order
Please note that there were extenuating circumstances that led to a less harsh sentence

17 year old maleFound guilty of VD at student protests
Sentenced 22/9/11 at West London youth court
Sentence - 3 months tag and curfew, 100 hours community service – plus £480 costs.
Many reasons given for non custodial but mainly age and being tried in youth court and having good family support (in court) – they are appealing

Harry Webb - 22 year old malePleaded guilty to violent disorder March 26th Trafalgar square - police began an unprovoked attack
Sentenced 15/9/11 – Kingston
Sentence - 12 month custodial
You can write to him Harry Webb A4895CG, HMP Wandsworth, Heathfield Road, Wandsworth, London, SW18 3HS
Solicitors: Whiskers

Charlie Gilmour- Aged 21 Male - Now been released on Tag Pleaded guilty to 2 counts of violent disorder on student protests 2010
Sentenced - Kingston – 15/7/11?
Sentence -16 month custodial
You can write to him c/o London ABC (Anarchist Black Cross), Freedom Bookshop, Angel Alley, 84B Whitechapel High Street, London, E1 7QX

Frances Fernie – 20 yr old Now been released on Tag Pleaded guilty to violent disorder from March 26th – threw two placard sticks at a line of fully tooled up riot police. Sentenced 7/7/11 –Kingston - Judge Price
Sentence -12 months custodial.

Edward Woollard - Pleaded guilty to violent disorder at Millbank 110/11/10– dropping object from roof
Sentence – 2 years and 8 months custodial
You can write via c/o address here: http://support4edwoollard.wordpress.com/contact-ed/

Michael Newton - J30 action and other minor charges.
Sentence - 12 month custodial
Michael welcomes letters, posters and pictures.
A6611CE, HMP Preston, Wing C4 17, 2 Ribbleton Lane, Preston, Lancs., PR1 5AB

A few other non VD sentences

Male (CE)Pleaded not guilty to Section 1 Theft Act
Kingston – Judge Southwell - 2 March 2012
Verdict: found NOT GUILTY by jury

Female (ZM)Pleaded not guilty to assault of police officer at OccupyLSX 15/10/2011
West London Youth Court – February 29^thJudge threw case out half-way through trial due to lack of evidence
Solicitors: Sashy Nathans (Bindmans)

Male (NS)originally charged with VD he had been offered a plea and pleaded guilty to assault 9/12/2010
Kingston – Judge Dodgson – February 27^thSentence: 60 hours community service, no fee
Solicitors: Bindmans

Male (JW)originally charged with and pleaded not guilty to VD on 9/12/10, was offered a plea and pleaded guilty to affray (Goodyear)
Sentenced Kingston – Judge Southwell – February 23^rd2012
Sentence: 6 months custodial, suspended for 12 months, 100 hours unpaid community work
Solicitors: Matt Foot (Birnberg Pierce)

Male (NP)Arrested for VD, downgraded to theft by finding (a police hat) at police station (26/3/2011)
Pleaded not guilty
Kingston – Judge Dodgson – February 21^st 2012
Verdict – Found NOT GUILTY by jury
Solicitors: duty solicitors

Female (HS/R)Pleaded not guilty to going equipped (waterpistol with red paint and spraypaint), 30/6/2011
Southwark - Judge – February 22^nd 2012
Verdict – Found NOT GUILTY by jury
Solicitors: Hodge Jones and Allen

Male (RW), 20 years oldoriginally charged with VD he had been offered a plea and pleaded guilty to affray
– threw bottle in direction of police line, fell short and nobody was hit (26/3/2011)
Sentenced Kingston – Judge Southwell – February 13^th 2012
Sentence: 8 months custodial, suspended for 12 months; 120 hours unpaid community work; curfew and tagged for 2 months
Solicitors: Matt Foot (Birnberg Pierce), Barrister: Piers Mostyn (Tooks Chambers)

Male (AK)Pleaded not guilty to charges of Going Equipped (eggs + lighter fluid) 9/11/11
Westminster Magistrates, then Crown Court?
Charges dropped
Solicitors – Hodge Jones & Allen

Female (RR)Pleaded not guilty to going equipped, 26/3/11
Feb 8^th – Kingston – Judge Dodgeson
Found NOT GUILTY by jury
Solicitors - Bindmans

Male (GA)
Pleaded guilty to affray
Dec 23^{rd 2011} – Kingston – Judge?
Sentence – 80 hrs of community service and £750 costs

Male (DA)
Pleaded guilty to affray (original charge of VD)
December 12^th 2011 – Kingston – Judge?
Sentence – 100 hours of community service
Solicitors – JD Spicers

Male (TM) From Nov 30^th
Pleaded guilty to carrying an offensive weapon
Dec 7^th 2011 - Westminster – Judge Snow
Sentence - 6 week CUSTODIAL!!!!
Solicitors – Bindmans

Male (SMc) From Nov 30^thPleaded guilty to carrying offensive weapon
Dec 5^th 2011 - Westminster - Lay bench
Sentence - 50 hours community service, £50 costs, 1 year community order
Solicitors - Bindmans

Male (SD) – Interesting case
Originally charged with VD but juge decided it was not VD or affray and he eventually accepted a bindover for breach of the peace
pleaded guilty to BoP
7^th December 2011 - Kingston - Judge: Dodgson
Sentence: bound over to keep the peace for 6 months, £100 costs?
He got 165 pound refund for travel/court costs
Prosecution had to admit that they couldn't link him to black block and that his behaviour didn't amount to affray or vd
Solicitor. Matt Foot, Birnberg + Pierce

Male (RB) - originally charged with violent disorder he had been offered a plea and pleaded guilty to affray
Gave a no-comment interview
Sentenced at Kingston on Dec 5^th 2011 Judge Birts
Sentence 200 hours community service and £400 fine
Solicitors – Hayes Law

Male (CF) 40+ Pleaded guilty to affray
Sentenced - at Kingston – Judge Tapping – November 16^th 2011
Sentence: 8 months custodial
Solicitors: Bindmans

Bryan Simpson – originally charged with violent disorder he had been offered a plea and pleaded guilty to affray
Sentenced at Kingston on Nov 4^th 2011 Judge Tipping
Sentence: 4 months suspended for 2 years – 120 hours unpaid work – no costs
Solicitors: HJA

Male - Richard Bacon age 20+
Pleaded guilty to affray from March 26^th
Sentenced at Southwark Oct 28^th
Sentence - 10 months custodial
You can write to him A5156CH, NEW PRISON – NEED TO CHECK – in meantime write c/o ABC
Solicitors: Bindmans

18 year old female - throwing sticks at police lines
Pleaded guilty to Affray from 11/10/10
Sentenced 21/6/11
Sentence - 6 weeks custodial suspended for 2 years, 80 hrs unpaid work, tagged curfew for 8 weeks 10pm-5am, and £185 fine and/or costs

21 year old MalePleaded guilty to criminal damage on student protests 24/11/10
Sentence - 3 months custodial - recommended for deportation after sentence served.

FemaleFound guilty of aggravated trespass at Millbank
Sentenced 23/8/11 – 150 hours of community service - tag and curfew from 8pm– 5am until Jan 2012 plus £350 costs

MaleFound guilty of agg tress at Millbank -
Sentenced 29/7/11 – 100 hours comm service and £200 costs – judge admitted he caused no damage but was part of larger group that did

MaleFound guilty of two counts of crim damage at treasury on student protests
Sentenced 8/7/11 - to 8 weeks electronic tag and curfew £1,600 and £500 for damage done to window and lampost and £350 costs,

FemaleFound guilty of assaulting a police woman when in a kettle on November, trial in the magistrates court 15/9/11. Sentence £750 fine instead of unpaid work, and there are extenuating circumstances that prevented a custodial and the work.

Male Pleaded guilty to having articles with intent to cause criminal damage for having 2 dry wipe markers and two tubes of super glue.
Sentenced - Kingston Judge Price - Nov 4^th
Sentence -150 hours unpaid work and £350 costs

All out for 1 March!

2012-02-29T05:53:00.000-08:00

For every pork chop, there is a frying pan.

The Glasgow Defence Campaign are urging everyone concerned with attacks on the right to protest to attend to Glasgow District Court tomorrow, 1 March from 9.30am onwards. Legal representatives of the campaign will be making the first legal challenge in Scotland against the police tactic of kettling peaceful protesters.

Miriam Kelly for the Glasgow Defence Campaign stated, ‘We will be attending the court not only in act of solidarity with Dominic O’Hara, and to remind those who choose to persecute anti cuts activists that they will never be alone, but also in order to raise our opposition to the police practice of kettling which we believe to have no legal basis in Scotland.’

The legal debate is set to take place throughout the day, on the question of proportionality of the tactic which was used on 29^th January 2011, where a peaceful protest against the cuts was met with police attacks on the right to assembly and association which led to instances of individual protesters being assaulted by the police. Following the protest, Dominic O’Hara left the demonstration along with other supporters of Fight Racism! Fight Imperialism! where he was snatched by a group of around 8 police officers and assaulted, suffering various injuries. Dominic was himself charged with assaulting a police officer, and kept for the next 60 hours in police custody before his eventual release from Glasgow Sheriff Court – in defiance of a crown office motion to seek his remand. Supporters of the Glasgow Defence Campaign who attended the court calling on his release and enquiring of his welfare were met with a heavy police presence, harassment throughout the day – and some faced exclusion from the court.

Defend FRFI supporter Dominic O’Hara and unite against police kettling!

Assemble: Thursday 1st March, 9.30am outside

Glasgow District Court

21 St. Andrews Street (just off Saltmarket)

Trongate

G1 5NA

All out for anti-fascist defence! Mobilise this Saturday, 4 February, 12 - 3pm, Buchanan Street at Gordon St., Glasgow

2012-02-02T00:52:00.000-08:00

Last Saturday - 28 January - the street stall of the Communist Party of Britain/Morning Star - was harassed by fascists.

In central Glasgow, on Buchanan Street in the afternoon, these shaven headed goons verbally abused the political activists at the stalls while spitting and surrounding the comrades. Hitler salutes were openly displayed as these evolutionary throwbacks strutted, shouting their disgusting racist bile and filming. The Glasgow Defence Campaign along with comrades from Fight Racism! Fight Imperialism! calls for organisation and mobilisation against the fascists. Meet central Buchanan Street (outside the old Borders bookshop) 12 - 3pm, Saturday 4 February. A megaphone will be available for all those wishing to speak out against racism and in defence of progressive organisation in this country.

Political organisations and individuals stood together last year when the street stall of the Glasgow Palestine Human Rights Campaign was physically attacked by fascists on 19 November 2011.

This needs to be repeated and unity and co-ordination developed. As the imperialist system slides into crisis, history teaches us that the sewers throw up these creatures and the state will turn a blind eye.

The fascist Scottish Defence League - SDL - is organising a march in Glasgow on Saturday 25 February and they have applied for an event in Dundee City Square on Saturday 5 May. This needs to be opposed.

The Glasgow Defence Campaign did not allow Strathclyde police to drive political campaigners opposing the cuts, war and unemployment off the streets. We will certainly not allow these unofficial state agents to try now.

Venceremos!

We Shall Win!