Muamba Appeal Dismissed

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11 Jan 2012
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182
Muamba (not mamba)

The appeal against sentence in this case has been dismissed.

Here's the full transcript as to the facts of the case and the reasons as to why the appeal was dismissed.

The appellant was convicted of racially aggravated s4a public order.
 
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The appeal against sentence in this case has been dismissed.

Here's the full transcript as to the facts of the case and the reasons as to why the appeal was dismissed.

The appellant was convicted of racially aggravated s4a public order.

I suggest removing the link :)
 
I have removed the link. However can a mod please confirm whether the link can be posted I'd be most grateful. It is an official transcript after all?
 
I have removed the link. However can a mod please confirm whether the link can be posted I'd be most grateful. It is an official transcript after all?

How does the fact that's it's official make the language any more acceptable?

Would you class the language as family friendly?
 
Do we really have a fair justice sentence if you can get such a large jail sentence for a few words? While people who go out and rob+steal can get a lesser sentence.
 
I just had a look at his original tweet. Were there more because I can't see where race comes into it?

There was a load of 'western orientated gentleman' references etc and the profanity was pretty strong, but getting a prison term for it seems a massive overreaction, and having his appeal denied even more so.
 
Ultimately you could say it's harsh but the guy is obviously a moron and I have no sympathy for him. I hope he has a horrible time in prison.

I just had a look at his original tweet. Were there more because I can't see where race comes into it?

Google - "this is my england the best and worst in people"
 
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The news story I read had no racism in his tweet, It basically said "LOL! **** muamba, he's dead."

The guy is an ass and he should get a slap on the wrist and no more, It's crazy that you can get a prison sentence for that
 
The mitigation was accepted by the court, yet they still upheld the imprisonment.....for a 21 year old student, with no previous convictions and accepted by the court that the behaviour was out of character, added to the fact that even before he was arrested he had apologised online, he admitted to the offence at the first opportunity, he accepted and was remorseful of his actions prior, during and after the court proceeding and te relative impact that a prison term will have on his life......I think the judgement is a huge over-reaction and is not in the public interest......other non-custodial options should have been given instead.

Mr Hobson, on behalf of the appellant, expressly acknowledges that the Appellant deserves significant punishment for the offence which he committed. Mr Hobson does not submit that a sentence of imprisonment was wrong in principle. He does submit, however, that such are the mitigating factors in this case that we can take a course of action which is alternative to an immediate sentence of imprisonment. Mr Hobson invites us to impose a stringent community order or a suspended sentence of imprisonment coupled with appropriate punitive requirements. We should record that Mr Hobson expressly accepts that if a sentence of immediate imprisonment is the appropriate sentence a term of 56 days was not too long.
15. The mitigating factors which are pressed upon us are these. First, this offence was completely out of character for the Appellant. We have been provided with a selection of measured and moderate character references which suggest that this is so. Second, the Appellant has no previous convictions. Third, he pleaded guilty at the first available opportunity having earlier admitted his offence to the police officers who interviewed him. Fourth, the case has attracted a great deal of publicity. The Appellant has been the subject of harsh comment in some quarters and he has become a figure of some notoriety. Mr Hobson submits that this is a significant punishment in itself. Fifth, the Appellant is genuinely remorseful. We accept that all these points have a degree of validity. It is not suggested that this offence can be excused in any way by the fact the Appellant had consumed a great deal of alcohol.
16. There are no applicable sentencing guidelines. We have been referred to no previous decided cases either in the Court of Appeal or at the Crown Court to assist in determining an appropriate sentence for this type of offence.
17. We have reached the clear conclusion that a sentence of immediate imprisonment was justified in this case. The words used by the Appellant were extremely offensive. We accept that the express racial content of the words were not aimed, specifically, at the stricken footballer but there can be no avoiding the conclusion that the Appellant’s offence was committed in the context of the grave illness which had suddenly afflicted Mr Muamba.
18. It must also be emphasised that the Appellant has pleaded guilty to a crime of specific intent. He intended to use words which were offensive and he intended that the words should be racially offensive.
19. In our judgment, to repeat, a sentence of immediate imprisonment is justified in such circumstances even for a young man with no previous convictions and with the other personal mitigation available to this Appellant.
 
The news story I read had no racism in his tweet, It basically said "LOL! **** muamba, he's dead."

The guy is an ass and he should get a slap on the wrist and no more, It's crazy that you can get a prison sentence for that

Utter madness.

I would say unconstitutional, but...

I suspect hosting the Olympics have a bearing on that. Tell all the racists, idiots and trolls to STFU or else... what hypocrits.
 
The news story I read had no racism in his tweet, It basically said "LOL! **** muamba, he's dead."

The guy is an ass and he should get a slap on the wrist and no more, It's crazy that you can get a prison sentence for that

There was a lot more to it than that one tweet....there was around 8 or so tweets that were vastly more offensive and were specifically racist in intent....however they were not inciting, only offensive.
 
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