San Francisco is baiting thieves with GPS-ready bikes

[glenn forger]

Dunno, maybe cos you're posting rubbish?

 

[glasgowcyclist]

Dunno, maybe cos you're posting rubbish?

Wouldn't be the first time!

Are you referring to anything specific?

GC

 

[glasgowcyclist]

Dunno, maybe cos you're posting rubbish?

While I don't mind being told I'm talking rubbish, I do expect my critic to back that up.

You appear to be referring to my short statement in post #11, please explain why it's rubbish.

GC

 

[Mr Haematocrit]

The thief wasn't punished but he was convicted.

GC

I'm not sure where it says he was convicted in that article.
The accused was on a suspended sentence for beating up his girlfriend so by rights would have been recalled if convicted. He however received a full discharge.

But after hearing details of the case – and, particularly, what the bike was doing there in the first place – the judge gave Story, of Buchanan Road, Upperby, an absolute discharge.

And he chose not to punish him for breaking the terms of a suspended sentence by committing the new offence.

That sentence – 12-months in prison, suspended for two years, and 150 hours’ unpaid community work – was passed on him in March when he pleaded guilty to punching, kicking and stamping on his girlfriend Chantelle Cannon in a drunken rage.

 

[dellzeqq]

This has been done in the UK Also.... When it went to court and the judge saw the evidence she/he let the Thieves off !
Interesting read though ..

it's done in London on a regular basis and leads to convictions

 

[glasgowcyclist]

I'm not sure where it says he was convicted in that article.
The accused was on a suspended sentence for beating up his girlfriend so by rights would have been recalled if convicted. He however received a full discharge.

At least you've put in an explanation showing where you disagree with my view, Mr H. I'd appreciate the same courtesy from Glenn but he seems to be avoiding this thread now.

If you don't mind, I'd like to wait for him to explain his opposition to my view before I answer your post properly.


GC

 

[Mr Haematocrit]

If you don't mind, I'd like to wait for him to explain his opposition to my view before I answer your post properly.

Not a problem, I'm happy to wait although I do not actually disagree with your view, I'm just reading it differently to you which does not mean I'm right or that your wrong.
I'm interested in understanding what you obtained from the article that I did not.

 

[glasgowcyclist]

Not a problem, I'm happy to wait although I do not actually disagree with your view, I'm just reading it differently to you which does not mean I'm right or that your wrong.
I'm interested in understanding what you obtained from the article that I did not.

Mr Haematocrit, since @glenn forger has so far declined to justify his criticism, I'll now explain my comment (though I suspect Glenn has since learned this and is why he's staying clear):

an absolute discharge is a conviction.​

​

The accused will still have a criminal record in relation to the theft.


GC

 

[glenn forger]

Absolute discharge - No further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent or;

Conditional discharge - The offender is released and no further action is taken unless they commit a further offence within a period decided by the court (no more than three years).

A discharge is not considered a criminal conviction but will remain on an offender’s criminal record.

http://www.northumbrialcjb.org.uk/sentencing/sentences-explained

stop posting rubbish, it makes you look foolish.

 

[spen666]

I'm not sure where it says he was convicted in that article.
The accused was on a suspended sentence for beating up his girlfriend so by rights would have been recalled if convicted. He however received a full discharge.

You can't be recalled on a suspended sentence. You can be recalled when on licence from Prison.

A suspended sentence can be activated when someone is convicted of an offence during the currency of the suspended sentence.

A judge cannot sentence someone if they are not convicted - see the sentence in the linked article

Judge Hughes was speaking as he sentenced a 26-year-old man for stealing a bicycle which the police had fitted with a tracking device and left in the area of Scalegate Road, Upperby

Also, given the different nature of the 2 offences, that alone may be enough of a reason not to activate a suspended sentence

 

[spen666]

Mr Haematocrit, since @glenn forger has so far declined to justify his criticism, I'll now explain my comment (though I suspect Glenn has since learned this and is why he's staying clear):

an absolute discharge is a conviction.​

The accused will still have a criminal record in relation to the theft.


GC

Legal Point (very pedantic)

An absolute discharge is a punishment given after a conviction

 

[Mr Haematocrit]

You can't be recalled on a suspended sentence. You can be recalled when on licence from Prison.

A suspended sentence can be activated when someone is convicted of an offence during the currency of the suspended sentence.

Admittedly a bad choice of words on my part. I should have used 'activated' good clarification though for those in any doubt

 

[glasgowcyclist]

Legal Point (very pedantic)

An absolute discharge is a punishment given after a conviction

You're right and I appreciate the clarification.

GC

 

[glasgowcyclist]

Absolute discharge - No further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent or;

Conditional discharge - The offender is released and no further action is taken unless they commit a further offence within a period decided by the court (no more than three years).

A discharge is not considered a criminal conviction but will remain on an offender’s criminal record.

http://www.northumbrialcjb.org.uk/sentencing/sentences-explained

stop posting rubbish, it makes you look foolish.

The bike thief was convicted; the court couldn't have passed the sentence of an absolute discharge otherwise.
My statement at post#11 is correct.

GC

 

[spen666]

Absolute discharge - No further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent or;

Conditional discharge - The offender is released and no further action is taken unless they commit a further offence within a period decided by the court (no more than three years).

A discharge is not considered a criminal conviction but will remain on an offender’s criminal record.

http://www.northumbrialcjb.org.uk/sentencing/sentences-explained

stop posting rubbish, it makes you look foolish.

I wonder why you omitted to post the first line of the explanation you copied

A court can make an order to discharge an offender who has been found guilty. There are two types of discharge:

Strange that you omitted the only relevant bit ie that says before someone can be discharged, they have to have been found guilty!