Teh One Who Knocks
10-22-2013, 11:58 AM
By Jack Doyle and Chris Greenwood - The Daily Mail
http://i.imgur.com/rdB0T0z.png
A senior judge who refused to sentence a triple killer to die in prison because of his human rights found himself on a collision course with the Government last night.
Ian McLoughlin, 55, butchered Good Samaritan Graham Buck, 66, while on day release in July from an earlier jail term for murder.
But Mr Justice Sweeney yesterday said it was ‘not appropriate’ to hand out a whole life sentence because of a European Court of Human Rights (ECHR) decision earlier this year.
The judge also indicated that a second killer in an unrelated case, Ukrainian extremist Pavlo Lapshyn, who yesterday admitted murdering an elderly Muslim man, would not be given a whole life term when he is sentenced on Friday.
His comments ignited a row over who decides sentencing policy, and sparked a rebuke from Justice Secretary Chris Grayling, who said the public expected whole life tariffs for the most serious offenders.
Mr Grayling, who is also Lord Chancellor, said: ‘The domestic law on this has not changed. We are considering the Government’s response to the ECHR’s recent ruling, but this in no way alters that fact and courts should continue to impose whole life tariffs where they wish to do so.’
Whitehall sources suggested the judge had ‘got it wrong’ by following the letter of the Strasbourg ruling before it had been considered by ministers and Parliament. In July, the Strasbourg court said ‘life means life’ sentences were a breach of Article 3, the protection against inhuman and degrading treatment.
At the time, Mr Grayling said the ruling was a ‘terrible day for British justice’.
Following the judgment, ministers were given six months to decide how they will respond.
Last night Tory MP Dominic Raab said: ‘A toxic mix of Strasbourg case-law and the Human Rights Act is infecting our court system, with the result that dangerous murderers are being given the chance of release, when we should be locking them up and throwing away the key.’
McLoughlin killed Mr Buck on the first day he was eligible for day release during a 25-year sentence for murder. Mr Buck intervened to stop him robbing his vulnerable elderly neighbour in their Hertfordshire village.
McLoughlin had already served a long sentence for manslaughter after a hammer attack on a gay man almost 30 years ago.
Sentencing him at the Old Bailey to life in prison, with a recommendation that he serve a minimum of 40 years, the judge said: ‘It is incumbent on me to pass a sentence that is compliant with the Convention [on human rights] if I can and it is not appropriate to impose a whole life term.’
It is believed to be the first time that a multiple killer has escaped a whole life term because of the European ruling. The horror attack took place within hours of McLoughlin hitching a lift from Springhill Prison, near Aylesbury, on Saturday, July 13, while on unsupervised day release from a 25-year sentence for stabbing his landlord to death.
He went straight to the house of Francis Cory-Wright, 87, an Old Etonian he met in prison two years earlier while Cory-Wright was serving a 30-month sentence for indecently assaulting a ten-year-old boy.
As McLoughlin filled a pillowcase with family heirlooms and cash, his victim shouted for help from a window. Mr Buck came over to investigate and was confronted by McLoughlin, who dragged him inside the house and slashed his throat.
Mr Buck’s wife Karen, 55, a nurse, said: ‘To kill him was the most senseless, vicious act of violence and cowardice possible. His family and friends will never be able to make sense of what happened.’
In 1984, McLoughlin was jailed for ten years for manslaughter after he killed Len Delgatty, 49. In 1992, he was jailed for life, with the recommendation that he served 25 years, after stabbing Peter Halls to death. This was later reduced to a 14-year minimum term.
Last night the Attorney General’s office said the sentence handed to McLoughlin had been referred for review on the grounds it was ‘unduly lenient’.
http://i.imgur.com/2QprWoU.png
http://i.imgur.com/rdB0T0z.png
A senior judge who refused to sentence a triple killer to die in prison because of his human rights found himself on a collision course with the Government last night.
Ian McLoughlin, 55, butchered Good Samaritan Graham Buck, 66, while on day release in July from an earlier jail term for murder.
But Mr Justice Sweeney yesterday said it was ‘not appropriate’ to hand out a whole life sentence because of a European Court of Human Rights (ECHR) decision earlier this year.
The judge also indicated that a second killer in an unrelated case, Ukrainian extremist Pavlo Lapshyn, who yesterday admitted murdering an elderly Muslim man, would not be given a whole life term when he is sentenced on Friday.
His comments ignited a row over who decides sentencing policy, and sparked a rebuke from Justice Secretary Chris Grayling, who said the public expected whole life tariffs for the most serious offenders.
Mr Grayling, who is also Lord Chancellor, said: ‘The domestic law on this has not changed. We are considering the Government’s response to the ECHR’s recent ruling, but this in no way alters that fact and courts should continue to impose whole life tariffs where they wish to do so.’
Whitehall sources suggested the judge had ‘got it wrong’ by following the letter of the Strasbourg ruling before it had been considered by ministers and Parliament. In July, the Strasbourg court said ‘life means life’ sentences were a breach of Article 3, the protection against inhuman and degrading treatment.
At the time, Mr Grayling said the ruling was a ‘terrible day for British justice’.
Following the judgment, ministers were given six months to decide how they will respond.
Last night Tory MP Dominic Raab said: ‘A toxic mix of Strasbourg case-law and the Human Rights Act is infecting our court system, with the result that dangerous murderers are being given the chance of release, when we should be locking them up and throwing away the key.’
McLoughlin killed Mr Buck on the first day he was eligible for day release during a 25-year sentence for murder. Mr Buck intervened to stop him robbing his vulnerable elderly neighbour in their Hertfordshire village.
McLoughlin had already served a long sentence for manslaughter after a hammer attack on a gay man almost 30 years ago.
Sentencing him at the Old Bailey to life in prison, with a recommendation that he serve a minimum of 40 years, the judge said: ‘It is incumbent on me to pass a sentence that is compliant with the Convention [on human rights] if I can and it is not appropriate to impose a whole life term.’
It is believed to be the first time that a multiple killer has escaped a whole life term because of the European ruling. The horror attack took place within hours of McLoughlin hitching a lift from Springhill Prison, near Aylesbury, on Saturday, July 13, while on unsupervised day release from a 25-year sentence for stabbing his landlord to death.
He went straight to the house of Francis Cory-Wright, 87, an Old Etonian he met in prison two years earlier while Cory-Wright was serving a 30-month sentence for indecently assaulting a ten-year-old boy.
As McLoughlin filled a pillowcase with family heirlooms and cash, his victim shouted for help from a window. Mr Buck came over to investigate and was confronted by McLoughlin, who dragged him inside the house and slashed his throat.
Mr Buck’s wife Karen, 55, a nurse, said: ‘To kill him was the most senseless, vicious act of violence and cowardice possible. His family and friends will never be able to make sense of what happened.’
In 1984, McLoughlin was jailed for ten years for manslaughter after he killed Len Delgatty, 49. In 1992, he was jailed for life, with the recommendation that he served 25 years, after stabbing Peter Halls to death. This was later reduced to a 14-year minimum term.
Last night the Attorney General’s office said the sentence handed to McLoughlin had been referred for review on the grounds it was ‘unduly lenient’.
http://i.imgur.com/2QprWoU.png