accused for suspision of rape

[Rights Fighter]

I have added you as a contact extremelystressed so we can chat privately later on, when you are able to accept private messages. Maybe one of the Admins could send me your email address - with your permission of course.

[extremelystressed]

I rang the barrister and asked him about appealing? but he said he doesn't think it will be worth it because they will go through it all over again and if god forbidden he is still found guilty they will increase his sentence?

[extremelystressed]

when i am able to send private messages i shall send you my email address.

[whatsgoingon?]

So sorry to hear this... I don't believe he did it either. I'm so sorry for you and his family too. It must be so hard for all of you being in an other country. If you speak or see him please tell him to have courage and that people here are thinking about him and wishing him well in this dreadful situation.

One of things he might need to know is if he can appeal and whether making a request to move to his homeland would jeopardise his chances of appealing.

Best wishes and praying things will work out for him.

[Rights Fighter]

I rang the barrister and asked him about appealing? but he said he doesn't think it will be worth it because they will go through it all over again and if god forbidden he is still found guilty they will increase his sentence?

That is not true at all. They do not rehear the case. There may well be other arguments. If the barrister said that then it may well be that he stuffed up at trial and doesn't want to be found out. If the barrister refuses to try then have a look at the link below my post and contact those solicitors - tell them the lady who runs the PAFAA support forum has sent you.

The Court of Appeal would only add time on if an application for appeal is considered to be 'frivolous' (not serious) and a solicitor or barrister sending a case in would not send in such an application.

Plus not all appeals result in a retrial.

[whatsgoingon?]

I rang the barrister and asked him about appealing? but he said he doesn't think it will be worth it because they will go through it all over again and if god forbidden he is still found guilty they will increase his sentence?

If that's the case it might be best to get him back to his homeland and then see what can be done.

[extremelystressed]

2 question which is bothering me is that...

if we appeal and it all goes through the application process and the appeal request is granted but if he is still found guilty will that increase his current sentence?

another question is that his barrister said it will be between 6 to 8 years? will it definitely be between this time or it could be less?

[Rights Fighter]

One cannot be found guilty at the court of appeal. If the appeal succeeds then one of two things can happen - a retrial or no retrial. If he goes to retrial and is found guilty he cannot be sentenced to more than he was at the first trial unless other evidence comes to light - unlikely in this case.

I am going out in a bit - hopefully Casehardened will pass your email address to me with your permission - and I can email you tomorrow.

Hang on in there. It's not over yet.

[Rights Fighter]

It's also important you find out which prison he has been taken to so you can apply for a 'reception visit'.

[Boys don't cry]

I am just left speechless ,so sorry for Stressedout and your family.

6 to 8 years for aiding isn't fair. "You " get a shorter sentence for rape .
Do you know how long his "mate" has been convicted for?

Appeal please and tell him we will support.

[extremelystressed]

He never lied throughout this case, he was consistent from his first statement. He was such a caring brother its unbelievable... He never had any previous convictions.. he has a good character, will the judge look at his status as to it will ruin his engineering life which was just started? Can you guys please tell me an approximate sentence for aiding and abetting?

I am going to meet him tomorrow half 9 in morning.. i have booked a visit today

[whatsgoingon?]

Beyond speechless, it's unbelievable. Aiding and abetting seems to be similar to 'conspiracy' which historically is considered worst than the ultimate crime.

I've tried looking up the sentencing for this but can't quite find it. Here is the link to the CPS sentencing policy:

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/

It would help if you have the exact crime he was convicted for. This should be on his charging documents with a no begining with S

[Rights Fighter]

He never lied throughout this case, he was consistent from his first statement. He was such a caring brother its unbelievable... He never had any previous convictions.. he has a good character, will the judge look at his status as to it will ruin his engineering life which was just started? Can you guys please tell me an approximate sentence for aiding and abetting?

I am going to meet him tomorrow half 9 in morning.. i have booked a visit today

Nobody can actually say as we don't know what the evidence against him was. I would be surprised if he got 6 - 8 years to be perfectly honest. I think the barrister was just preparing him for the worst.

Please take our best wishes with you when you see him. He will be in a state and it will be very upsetting for you both. That's understandable. Take plenty of change in with you so you can buy him drinks and snacks - although he may not feel like eating at the moment.

One very important point - in a few days they will tell him he should undertake the sex offenders offence related courses. He MUST say 'NO because I am innocent. I committed no crime and it was a false allegation'.

[whatsgoingon?]

He never lied throughout this case, he was consistent from his first statement. He was such a caring brother its unbelievable... He never had any previous convictions.. he has a good character, will the judge look at his status as to it will ruin his engineering life which was just started? Can you guys please tell me an approximate sentence for aiding and abetting?

I am going to meet him tomorrow half 9 in morning.. i have booked a visit today

At the sentencing hearing there is something called mitigation - basically it's a chance for the convicted person to give reasons why the sentence should not be too harsh. For this, it would be a very good idea for you to obtain written testimonials from people who know him well and can be a witness to his caring nature and good character. If possible, it helps if these people have a proven professional position. When you see him tomorrow, it would be a good idea to ask him for the names and addressed of people who could be such witnesses. Also have a look at the link 'facing sentence' as there may be things you need to bring him etc. One member who was recently sentenced has been refused stamps so I suggest you give him several stamped addressed envelopes with your or your parent's address and anyone else he might want to write to.

http://www.daftmoo.org.uk/mooforum/s...Survival-Guide

[extremelystressed]

I will meet him tomorrow and ask him in details about the allegations, I'm guessing in aiding and abetting 6-8 years is a maximum sentence that can be given? and my brother has already handed the good character letter from people he knew to the barrister .I will make sure i tell him about the sex offender programme.