[lit-ideas] Re: Chris Huhne: a life sentence for speeding?
- From: Donal McEvoy <donalmcevoyuk@xxxxxxxxxxx>
- To: "lit-ideas@xxxxxxxxxxxxx" <lit-ideas@xxxxxxxxxxxxx>
- Date: Fri, 3 Feb 2012 18:11:45 +0000 (GMT)
________________________________
From: Lawrence Helm lawrencehelm@xxxxxxxxxxxxxx
>I was sleepily contemplating another cup of espresso before heading off to a
>morning hike when I read the startling news that Chris Huhne will probably
>not receive a life sentence in jail, but it is apparently legally possible for
>him to do so. >
It depends what we mean by "legally possible": if we measure possibility by the
maximum sentence for the offence, then perhaps yes; but if we measure it by the
maximum sentence that would be upheld as lawful (being, for example, in no way
"excessive"), then no - for a life sentence would not be imposed and, if
imposed, would be set aside on appeal as "excessive" etc. Newspapers prefer the
dramatic effect of talking of legal possibilities in the first and impractical
sense, rather than the second and practical sense.
>One can imagine Huhne saying to himself “I am doing important things. I can’t
>afford to lose my license. So what harm can it do,” he continues to
>rationalize, “if my dear wife takes the blame for my speeding?” I can
>understand such a rationalization. If he is indeed doing important work for
>the government, he may lose his efficiency to some extent if he loses his
>license for speeding, especially as it was in the process (or nearly so) of
>conducting government business.>
No doubt many can understand such a rationalisation; and it is why he is not at
risk of a life sentence - for his is far from the worse case of perverting the
course of justice (worse cases are women who make false allegations of rape,
some of whom - frighteningly enough - have only been exposed after later
boasting how their false evidence led to the accused being convicted and
serving a lengthy sentence). However, if convicted, Huhne is likely to face
imprisonment as a deterrent sentence as courts take perverting the course of
justice very seriously when it is exposed, irrespective of the person's
"rationalisation". Pour encourager les autres etc.
Donal
London
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