Does this case contravene 'equality before the law'?

[Tokos]

http://news.bbc.co.uk/1/hi/england/norfolk/8346370.stm

A soldier has avoided jail because of "his service to his country".

Daniel Gooda, 26, of the Household Cavalry, was convicted of affray for his part in a fight in Norwich in which a man suffered fatal injuries.
But the judge suspended his 28-week jail term for 12 months and Gooda is due to fly to Afghanistan next week.

Trooper Gooda, 26, was cleared of the manslaughter of Timothy Moore, who died from head injuries six days after the fight outside a bar.
Gooda had told Norwich Crown Court he punched 30-year-old Mr Moore to protect a friend. The affray charge involved a club doorman.

Judge Anthony Leonard, QC, told Gooda his sentence had been suspended "because of the exceptional nature of the service he has given his country".
Gooda, who comes from Norfolk and is based at Combermere Barracks, Windsor, had denied manslaughter, affray and assaulting a police officer during the incident in March at the Sing Sing bar on Prince of Wales Road.

[Vault 10]

Meh, like Afghanistan is that much better than some low-security jail.
You should be gloating about poetic justice or something, people get killed in Afghanistan.

And it wasn't some murder, it was affray, an issue even lesser than assault. He shouldn't have been given any actual time at all.

[Tokos]

He already had a jail term going for it, as normal, which was then lifted by the judge.

[Dyakovo]

It seems odd to me that a soldier would be tried in a civilian court.

[Vault 10]

He already had a jail term going for it, as normal, which was then lifted by the judge.

Suspended means he'll serve the term later.

[Tokos]

He already had a jail term going for it, as normal, which was then lifted by the judge.

Suspended means he'll serve the term later.

Only if convicted of another crime.

[Dyakovo]

He already had a jail term going for it, as normal, which was then lifted by the judge.

Suspended means he'll serve the term later.

Only if convicted of another crime.

Ah, so this would be probation, essentially...
It does bring up the question of if he does something that would merit military punishment while in Afghanistan, would that qualify as breaking his probation?

[Cubic kms]

He was cleared of manslaughter anyway, no big deal

It wasn't his punch that killed the guy

[Sdaeriji]

He was cleared on the manslaughter charge, so all he could be sentenced on was the affray charge, which if my research has done me right can carry a sentences as low as a simple fine. Seems fine to me.

[Knorway]

Fair enough.

[Alsatian Knights]

It seems odd to me that a soldier would be tried in a civilian court.

Crimes committed out of uniform and off bases are matters handled by Civilian Courts who may or may not decide to hand him over to a military tribunal.

[Dyakovo]

It seems odd to me that a soldier would be tried in a civilian court.

Crimes committed out of uniform and off bases are matters handled by Civilian Courts who may or may not decide to hand him over to a military tribunal.

My experience is (was) otherwise (at least in the U.S.)...

Both in Norfolk, Va and Jacksonville, NC the civilian police had to turn you over to the mp's (or sp's in the case of Norfolk...)

[Neo Art]

My experience is (was) otherwise (at least in the U.S.)...

This guy is British, quite possibly very different there.

[Goath]

well, wait, it says the judge suspend his sentence for 12 months. doesn't that mean he'll serve his sentence in a year?

to answer you question- no, doesn't contravene "equality before the law" because mitigating factors get taken into account all the time in sentencing. If you're a right awful bugger you'll probably do more time for a relatively minor crime than if you're an upstanding member of society.

[Dyakovo]

My experience is (was) otherwise (at least in the U.S.)...

This guy is British, quite possibly very different there.

I'm aware of that, it just caught me off guard because it's not what I'm used to...
Hell, it might even just have been the policies of Norfolk and Jacksonville and not something that holds true around other bases.

[Lunatic Goofballs]

It sounds to me that the judge was looking for a way to let someone off the hook due to the law's inadequacy in handling a bar brawl in which there were really no victims, only participants. The fact that he was in the military was just a convenient pretext. I'd like to think the judge is good enough at his job to find some other excuse to let the guy off the hook.

[Fartsniffage]

well, wait, it says the judge suspend his sentence for 12 months. doesn't that mean he'll serve his sentence in a year?

to answer you question- no, doesn't contravene "equality before the law" because mitigating factors get taken into account all the time in sentencing. If you're a right awful bugger you'll probably do more time for a relatively minor crime than if you're an upstanding member of society.

No, he'll only serve it if conviced of another crime.

Still, I wouldn't want to be him. He'll be beasted until he cries for ending up in court.

[Neo Art]

well, wait, it says the judge suspend his sentence for 12 months. doesn't that mean he'll serve his sentence in a year?

No, "suspended sentence" doesn't mean that the SERVING of the sentence is suspended. It means that the IMPOSITION of the sentence is being suspended. "suspended sentence for 12 months" means that, for a period of 12 months, the individual is on probation. If he performs well for 12 months, his sentence will not be imposed.

[Fartsniffage]

It sounds to me that the judge was looking for a way to let someone off the hook the law's inadequacy in handling a bar brawl in which there were really no victims, only participants. The fact that he was in the military was just a convenient pretext. I'd like to think the judge is good enough at his job to find some other excuse to let the guy off the hook.

He could have just sentenced him to less. It is within his power to go with a simple fine for affray.

This just seems like a judge doing the obligitory "Do you know how lucky you are not to be drawn and quartered?" speech they like to give at sentencing and choosing his words badly.

[Lunatic Goofballs]

It sounds to me that the judge was looking for a way to let someone off the hook the law's inadequacy in handling a bar brawl in which there were really no victims, only participants. The fact that he was in the military was just a convenient pretext. I'd like to think the judge is good enough at his job to find some other excuse to let the guy off the hook.

He could have just sentenced him to less. It is within his power to go with a simple fine for affray.

This just seems like a judge doing the obligitory "Do you know how lucky you are not to be drawn and quartered?" speech they like to give at sentencing and choosing his words badly.

Well, maybe a little of that too.

[Zykorinov]

It still seems like immense favoritism. Would a normal citizen be shown that kind of mercy? Probably not... But, anyways, glad he's serving his country; but does that mean he's above the law? (And the judicial system, for that matter...)

[Goath]

well, wait, it says the judge suspend his sentence for 12 months. doesn't that mean he'll serve his sentence in a year?

No, "suspended sentence" doesn't mean that the SERVING of the sentence is suspended. It means that the IMPOSITION of the sentence is being suspended. "suspended sentence for 12 months" means that, for a period of 12 months, the individual is on probation. If he performs well for 12 months, his sentence will not be imposed.

Gotcha. Just unfamiliar with foreign legal terminology, i guess. :-)

[Ifreann]

Even if he did just get let off a fine, it doesn't sit right with me that someone can get let off a fine because they're a soldier.

[Greed and Death]

It only contravenes equality before law if the judge does not suspend sentences for other people who have done good for their country/community.

[Zwar (Ancient)]

Doesnt tell the whole details, bit of sensationalism by the BBC there. He could have took part in a fight, but his one punch might not have been the substantial reason the bloke died, he might have been beaten by someone who slammed his head against a table repeatedly, the article doesnt say.