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Daily Post

 

Regional news

 

Crying man is spared prisonJul 6 2006

 

By Lynda Roughley and Deborah James, Daily Post

 

A SENIOR Liverpool judge who jailed a man for assaulting a pub landlord was under fire for making a mockery of the sentencing system last night - after he relented when the criminal started crying.

 

The highly unusual move came after Daniel Hardman, 21, broke down in tears in the dock when the six-month term was imposed on him at Liverpool Crown Court yesterday.

 

As he was led away by a security officer, Judge Denis Clark asked that a careful eye be kept on him in jail to make sure he did not harm himself.

 

But, minutes later, he ordered that Hardman be brought back into the dock and to the courtroom's amazement suspended the sentence for two years.

 

"like to think I am experienced and not born yesterday.

 

 

"I have 18 years' experience and I saw your demeanour when you left the dock and saw your genuine fear, regret and remorse at the thought of going to prison," said Judge Clark.

 

 

"I am prepared to reconsider my original sentence. The court is not in the business of destroying people. The few weeks you would spend in prison might destroy you."

 

 

Victims of crime organisations last night criticised Judge Clark for making "a mockery of sentencing guidelines." They said they feared other criminals would now make a show of crying in the dock in an attempt to get a more lenient sentence.

 

Hardman, of Warrington Road, Leigh, had pleaded guilty to throwing a glass at Christopher Glover causing actual bodily harm, and witness intimidation.

 

Judge Clark pointed out Hardman had an excellent work record, had pleaded guilty at the magistrates' court, and it had been a reckless throwing of the glass, not deliberately aimed at the landlord. "I think you have had the shock you richly deserve," he said.

 

He ordered Hardman, who looked bewildered at his sudden change in fortunes, to carry out 200 hours' unpaid work and to pay his victim £500 compensation at £100 a month.

 

"I regard that as far greater punishment than the few weeks you would spend in prison."

 

But John Sandwell of SAMM (Support after Murder and Manslaughter) Merseyside said: "We are very disappointed.

 

"In this day and age, if you have been found guilty of something this serious, then there are sentencing guidelines and judges should stick to them.

 

 

 

Clive Elliot, of the Victims of Crime Trust, said: "I am genuinely shocked and appalled.

 

 

"I've never heard of anything like it.

 

 

"The judge says he wasn't born yesterday, but what he has done opens up the floodgates to any perpetrator to lay it on in the hope of a more lenient sentence."

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