NationStates Jolt Archive

Judge's sympathy for slap mother:

"A judge has sympathised with a mother who landed herself in court after she slapped three teenagers who were terrorising her family.

Samantha Nicholson, 31, was given an 18-month community order at Barnsley Magistrates' Court after admitting three counts of assault.

But the judge said "right-thinking people" would be "appalled" by the torrent of abuse she had suffered,

He said she should be helped to move out of the "no-go area" of Lund Lane.

'Prisoner in home'

The court heard the mother-of-two snapped on 23 August after being abused by the teenagers, who threw bottles at her windows, sat in her garden at night playing loud music and left her children too afraid to leave the house.

She slapped two 14-year-old girls and a 16-year-old boy after another youth had thrown bricks at her house.

They denied throwing it, but Nicholson told them "you think I'm all mouth" and slapped each one of them on the face.

District Judge Michael Rosenberg said: "You and your family have experienced threats from local children to the extent that you are now afraid to stay in the house when your partner is not there.

"You felt like a prisoner in your own home."


I'm certain any right thinking member of society would be appalled by this
District Judge Michael Rosenberg

Mr Rosenberg said he had seen reports which described how Nicholson's garden had been destroyed, how she had objects thrown at the windows and how she had been repeatedly threatened by youths.

Teenagers had also threatened to burgle her home and set her house on fire.

'Grateful for assistance'

The judge accepted Nicholson had "taken the law into her own hands" but urged the police and council to help her to escape the area where she lived.

He said: "I can't comment as to what the police have or have not done.

"I can't comment as to what the council has or has not done.

"But I'm certain any right thinking member of society would be appalled by this.

"If the police and council could be asked to look at this afresh and to ensure while this lady is moving and when she moves some sort of assistance can be given I'd be grateful."

The district judge gave Nicholson an 18-month community order with a supervision requirement and ordered her to pay £43 costs."

Source (BBC News UK) (http://news.bbc.co.uk/go/rss/-/1/hi/england/south_yorkshire/5392322.stm)

This is absolutely, categorically insane. Is the law system like this in the US?
If anything, the three youths in question should be made to pay this poor woman compensation as well as being made to do community service if not a prison sentence.
I don't want to sound like an old fart, but if it takes an old fart to consider this unacceptable and a total failure of the British law system do what it is meant to do, then I am an old fart. It is not surprising that many people are losing faith in British law, and this is just one such instance of this happening. Many, many more go unreported as victims feel that the law will not protect but penalise them, and rightly so.

Hell in a handbasket.

Disgusting how defense-oriented our legal system is. In the US, a robber can sue a homeowner if he accidentally falls and breaks a leg.

Disgusting how defense-oriented our legal system is. In the US, a robber can sue a homeowner if he accidentally falls and breaks a leg.

Only if they find him. :D

This is absolutely, categorically insane. Is the law system like this in the US?
If anything, the three youths in question should be made to pay this poor woman compensation as well as being made to do community service if not a prison sentence.
I don't want to sound like an old fart, but if it takes an old fart to consider this unacceptable and a total failure of the British law system do what it is meant to do, then I am an old fart. It is not surprising that many people are losing faith in British law, and this is just one such instance of this happening. Many, many more go unreported as victims feel that the law will not protect but penalise them, and rightly so.

Hell in a handbasket.

Well she did assault three people technically and even the judge said she took the law into her own hands.

She broke the law but given the circumstances the judge was understanding and gave her a light sentance. He couldn't just let her off.

Only if they find him. :D

it has happened. what no one realizes is that the home owner can and should counter sue for Criminal Tresspassing, Damage of private property (if any), Emotional Distress and anything else that would fit.

how come she never called the cops?

Well she did assault three people technically and even the judge said she took the law into her own hands.

She broke the law but given the circumstances the judge was understanding and gave her a light sentance. He couldn't just let her off.

The fact that these three youths were provoking her - in her own garden in one incidence - repeatedly should negate their right to file assault charges. Anyway, it was non-serious assualt and shouldn't even be considered assault.
If she chose not to take it into her own hands and called the police, the youths would have been let off with a caution and would have come back sooner or later.

Police need to be given more discretion and Judges need to analyse each case individually instead of applying sweeping decisions to all cases of assault regardless of provocation or seriousness.

how come she never called the cops?

I think she did, and they wouldn't do anything.

it has happened. what no one realizes is that the home owner can and should counter sue for Criminal Tresspassing, Damage of private property (if any), Dmotional Distress and anything else that would fit.

When all else fails, bring up emotional distress.

I think she did, and they wouldn't do anything.

unless they pushed there luck (as council house folk do) yelled at the police and such getting themselves arrested or they could get rugby tackled by the police if they run and be given an ASBO for evading arrest

Everyone doubts the cops these days until they have actually been arrested

What I find ridiculous is your name.

The fact that these three youths were provoking her - in her own garden in one incidence - repeatedly should negate...

Yeah, but it doesn't negate it. That's the point. That's why we have laws and people to uphold laws. Vigilantism is a no-no.

Now, at the same time I would have done the same thing as her fully knowing I was breaking the law and fully responsible for my actions and therefore their consequences.

I would not cry foul if I was caught- why? Because I broke the law. Two wrongs don't make a right.

When all else fails, bring up emotional distress.

Or mental anguish. Mental anguish is always good for a few extra 0s on the end of a compensation cheque.

Is the law system like this in the US?



It sure is, and I despise it. If someone breaks into your house, and steals everything inside, you cannot do anything about it. If I pursue him and kill him to get my stuff back, I go to jail for murder.

It sure is, and I despise it. If someone breaks into your house, and steals everything inside, you cannot do anything about it. If I pursue him and kill him to get my stuff back, I go to jail for murder.

Well... duh.

The thief is no longer a threat to your person. You willfully pursued the thief and killed them.

That is murder (premeditated at that).

Yeah, but it doesn't negate it. That's the point. That's why we have laws and people to uphold laws. Vigilantism is a no-no.

But what if the people who are meant to be upholding the laws fail?

But what if the people who are meant to be upholding the laws fail?
Then you give them a kick up the backside so they do their job properly in future.

I like your name. It reminds me of Thomas the Tank Engine. :)

Then you give them a kick up the backside so they do their job properly in future.

I like your name. It reminds me of Thomas the Tank Engine. :)

Thomas the Tank Engine changed my life ;) its only fair i make a small tribute to him since i couldnt fit all of the teenage mutant turtles names up there

Then you give them a kick up the backside so they do their job properly in future.


If I went to my local copper and kicked up the backside, I'd get alot longer than 18 months community service and a little fine:p

It sure is, and I despise it. If someone breaks into your house, and steals everything inside, you cannot do anything about it. If I pursue him and kill him to get my stuff back, I go to jail for murder.

That's why you kill them while they're still in your house and then plead self-defense.

This is absolutely, categorically insane. Is the law system like this in the US?

It's far, far worse. Burglars sue their victims when they hurt themselves in the process of committing the crime, and WIN.

The kids were asking for it and alot more. The police should have been dealing with this, so if they failed...I think she made the right choice, but it sounds like that neighborhood will just become more hostile

Well she did assault three people technically and even the judge said she took the law into her own hands.

She broke the law but given the circumstances the judge was understanding and gave her a light sentance. He couldn't just let her off.

sure he could have. prosecuting someone over face slaps is a stupid waste of time and money

in new mexico at least, the police wouldnt have charged her, the prosecutor wouldnt have taken it to court, the judge would have thrown the case out and the jury would have aquitted her.

(im sure you understand that all those things couldnt possibly happen eh?)

What I find ridiculous is your name.

What I find ridiculous is how close his name is to mine!

What I find ridiculous is how close his name is to mine!

Someone has a fan...

Well she did assault three people technically and even the judge said she took the law into her own hands.

She broke the law but given the circumstances the judge was understanding and gave her a light sentance. He couldn't just let her off.

Not only that, but three minors(at least in America, not sure what the UK is like in terms of age, though). And the other thing is, it's not even a certainty the children that were slapped were the ones who threw the brick. It does say another child threw the brick, it is entirely possible that the three were just bystanders.

Shouldn't this fall under self-defence?

Someone has a fan...

TC now has the life of a star - avoid stalkers and get used to threatening letters in the mail.

Shouldn't this fall under self-defence?

Well, considering none of the children slapped threw a brick, that falls under assault.

How is slapping someone illegal?

How is slapping someone illegal?

Because it's fucking assault?

Because it's fucking assault?

Alright. Time to charge my ex for assault.

Alright. Time to charge my ex for assault.

Mine too. And myself.

The mother deserves her sentence for being too dumb to call the cops.

The mother deserves her sentence for being too dumb to call the cops.

I guess she wasn't thinking, which is understandable. If you have guys outside, doing shit to your house and property, what would you do? You'd kick their asses. You wouldn't think Oh no time to call the police, no you'd be thinking God damn punks on my lawn, I'll show them a lesson their old man apparently never did, and then go outside and break some jaws.

I guess she wasn't thinking, which is understandable. If you have guys outside, doing shit to your house and property, what would you do? You'd kick their asses. You wouldn't think Oh no time to call the police, no you'd be thinking God damn punks on my lawn, I'll show them a lesson their old man apparently never did, and then go outside and break some jaws.

I think it said she did call the police but that didn't stop the problem

Disgusting how defense-oriented our legal system is. In the US, a robber can sue a homeowner if he accidentally falls and breaks a leg.

Welcome to the justice system that is more concerned with PC than justice.

I guess she wasn't thinking, which is understandable. If you have guys outside, doing shit to your house and property, what would you do? You'd kick their asses. You wouldn't think Oh no time to call the police, no you'd be thinking God damn punks on my lawn, I'll show them a lesson their old man apparently never did, and then go outside and break some jaws.

The difference is, I wouldn't wait for fucking weeks to get them off my lawn, I'd either get them off it NOW, or I'd call the cops, NOW.

I guess she wasn't thinking, which is understandable. If you have guys outside, doing shit to your house and property, what would you do? You'd kick their asses. You wouldn't think Oh no time to call the police, no you'd be thinking God damn punks on my lawn, I'll show them a lesson their old man apparently never did, and then go outside and break some jaws.

She didn't assault the people vandalising her property. She assaulted some other kids.

The difference is, I wouldn't wait for fucking weeks to get them off my lawn, I'd either get them off it NOW, or I'd call the cops, NOW.

Meh. I stick by my masculine-based, testosterone-filled, macho-supplied opinion.

She didn't assault the people vandalising her property. She assaulted some other kids.

Oh. Then what a dumbass.

Because it's fucking assault?

battery

This type of thing makes me sick.


She didn't assault the people vandalising her property. She assaulted some other kids.
Where did you read that? Proof?

Where did you read that? Proof?

She slapped two 14-year-old girls and a 16-year-old boy after another youth had thrown bricks at her house

She did not have proof that the two 14 year old girls or the 16yr old boy did anything. She took the law into her own hands (that's called being a vigilante) and hit the 3 minors (assault and battery as she threatened to hit them followed by her hitting them).

Whether you were right or wrong in your sentiments, the law normally does not look kindly on people taking it into their own hands. She may have been right to do what she did, but in the end as she too broke the law, she too must be punished.

it has happened. what no one realizes is that the home owner can and should counter sue for Criminal Tresspassing, Damage of private property (if any), Emotional Distress and anything else that would fit.

And win what? The kids lunch money? Punish the Parents? What makes you think the kids parents have any money either if thats your alternative solution ?