Holly - Court Result

[nine9feet]

according to court list sentencing was today----- does anyone know what happened ?

 

According to the Herts Advertiser, David King "A PAINTER and decorator who sparked a nationwide manhunt after stealing a £40,000 narrowboat from a hire company has been given a suspended jail sentence."

 

"The court heard that King had made so many alterations to the boat that the owners were forced to spend around £29,000 restoring it."

 

"Brett William-son, defending, said King had significant financial problems at the time of his disappearance and had been forced to sell the family home since his arrest."

 

"King was given a six-month sentence suspended for two years and made the subject of a 12-month supervision order. No order for compensation was made."

 

The above is just a few quotes from the article.

[chris w]

Another criminal getting away with a rap on the knuckles. What is this country coming to?

 

The b*stard should have gone to prison or worse. His (remaining) assets should have been stripped away and used as compensation to the owners of the boat. It said he had had to sell his house but that doesn't mean necessarily that all the money so obtained was used up.

 

The owner of the boat (Adam Foskett) said he felt let down by the justice system because he and his father had been the ones to track the boat down, not the police. He also felt the sentence handed down to King was far too lenient and sent out the wrong message.

 

Although the insurance company had paid up for repairs to the boat, the settlement had not covered his firm's loss of earnings during the time Holly was out of service.

 

I agree entirely with his sentiments.

 

 

Chris

Edited October 19, 2007 by chris w

[saltysplash]

Another criminal getting away with a rap on the knuckles. What is this country coming to?

 

The b*stard should have gone to prison or worse. His (remaining) assets should have been stripped away and used as compensation to the owners of the boat. It said he had had to sell his house but that doesn't mean necessarily that all the money so obtained was used up.

 

Chris

 

 

And shipped off to the colonies. If only.

 

 

Im a bit confused coz speaking with a couple the other day they had their whitstable smack stolen and recovered in possession of the theives and i always thought theft was theft even if it was a conveyence but somewhere in the martime act it isnt the case....any budding CPS briefs out ther wishing to let us in on the score?

[carlt]

Aside from the over-lenient sentence I think the insurance company should have a duty to pursue him to pay back the money it has cost all of their customers. Just because you're broke when sentenced doesn't mean you'll say broke forever.

 

Maybe someone should tell the guy who (allegedly) stole Cragdale, it's safe to come back now because he'll only get a slap on the wrist.

[Maverick]

Wonder how many of us read the sittuation wrong, me included. The guy never had mental health issues or a breakdown at all. Just a plain old common thief and not a very clever one at that to think he cud nick a boat and get away with it. Should send a message out to any other folk out there thinking of nicking a boat.

 

BEWARE THE EYES OF THE BOATING COMMUNITY ARE EVERYWHERE.

 

Poor sentence tho when you think what it cost the owners, but not suprising as we've all known for a long time that the British Justice System isnt there to protect the victims. We put them in Government but will they do as the public wishes?

[Moley]

Another criminal getting away with a rap on the knuckles. What is this country coming to?

 

You mean what has this country come to?

 

I can add no comment to what has already been said, I'm simply stunned at the joke our so-called Justice system has become.

 

Having (as a victim) been failed by our so-called Justice system, I'm not really surprised King has got away scot-free. I was raised properly, taught right from wrong, in the knowledge that the policeman would be my friend if I was wronged, but a dangerous man to cross if I over-stepped that line. And I believed it. How misguided was that?

[Liam]

And somebody gives Alex Ferguson a slap and goes down for 15 months.... is it me or does this simply not add up!?!?!

 

http://news.bbc.co.uk/1/hi/england/london/7051181.stm

[RichardH]

£29000 to 'restore'£42000 in 'lost fees'

 

Get away !

 

How in Gods name could it cost 29k to restore and the 42k in lost fees - conservatively 5 weeks on the rob, 5 weeks to restore - that is still only 10k at a grand a week.

Edited October 19, 2007 by RichardH

[stickleback]

It is a joke. But if the man has money left over from the sale of his house, couldn't Adam Foskett bring a civil case , suing for restitution of his losses? Or the insurance company, either...

 

Sttickleback.

[wonderdust]

Why was no order for compensation put in?

Edited October 19, 2007 by wonderdust

[Scotty]

Middlewich Conditions of Hire (which i'm sure Mr King would have signed)

6.4.1 the Customer fails to return the Boat at the said specified time the Company shall have the right to levy a late payment charge of £50 per hour, such charge to be payable forthwith on demand;

 

£50 per hour over a month soon adds up, then there's the hirers who were booked on Holly that would have needed a replacement boat or a refund.

[WJM]

"It said he had had to sell his house but that doesn't mean necessarily that all the money so obtained was used up."

 

He probably sold off all his assets in advance of the trial so they could not be seized.

 

 

 

 

"It is a joke. But if the man has money left over from the sale of his house"

 

Pure conjecture, but often assets like car and house are sold to the spouse for nominal amounts - 10p for the car, £1 for the house. If he has been 'well advised' then going after him is a waste of time.

 

 

 

"How in Gods name could it cost 29k to restore and the 42k in lost fees"

 

Insurance valuation - you whack it up ready for the insurance company to whack it down.

Edited October 19, 2007 by WJM

[Supermalc]

Insurance - same old story. The honest lose, the dishonest/liers win.

 

OK, a case in point. Chap had his boat stolen at the start of last year, a 26ft cruiser. Because of lack of knowledge, he thought it would cost £1000s for survey, insurance etc. so only had it third party with Basic Boat.

 

Despite the thieves having to pass through Lincoln, Torksey (manned) and Cromwell (manned) and using a mobile to contact them, the police did nowt. It was left abandoned at Muskam and ended up trashed across the river from the pub.

 

It has cost the owner £4000 to repair, which included the repair or replacement of the new outboard that was fitted. This is fact i.e. from the 'horses mouth'.

 

When Storm sank, a boat that has never moved for at least 8 years, and was worth ???????? £10grand tops, one in much better condition has been bought last year for £14000, so that's a generous estimate. The owner has reportedly been paid out £35 grand ........hearsay only, so could be 35quid LOL.

 

But at the end of the day I am still going to be HONEST, because I want to be. That does not mean I never tell a lie, or break stupid speed limits etc. It does mean, you can leave me with the family silver, safe in the knowledge it will all be there when you return.

[fuzzyduck]

It certainly doesn't seem like yesterday was the brightest day for the british justice system.

[John Orentas]

As a general principal I have always said that custodial sentences with only a few exceptions should be reserved for violent offences, the problem is that when you feel a bit closer to such crimes you feel the urge to join in with the massing hoards clamouring for vengeance.

 

What good would sending this man to prison do for his victims, the man himself or society in general.. He would emerge from custody a more effective felon, probably brutalised, less able than ever to support himself than ever and the community at large would have a tab for £2,000 per week or whatever the cost of prison the system is.

 

Yes we should be tough with these people I am not a bleeding heart do-gooder, but what to do, restitution for his victims certainly but how do we accomplish that when the man has no money and has no means of earning any.

 

No answers I'm afraid !

[Liam]

I can understand where you're coming from John but now I have seen the punishment that this guy got, stealing a boat, and going on an extended holiday until someone finds me and arrests me, and then ends up getting off the hook looks fairly inviting. I am just off now to go and pick a boat which takes my fancy...

 

If, on the other hand, he was sent down then I would think twice. It's all about setting examples.

[HYBRID]

If had stolen the boat and commited a road traffic offence he would be in the clink for sure!

[anthony]

Its a joke the system has become a self serving stupidity.Its surprising that the Police can always find the effort to sit comfortably hidden away with a speed camera when it comes to making money for the system but not to find stolen property.Drunken youths were hitting our car a few weeks back with inner tubes kicking off with themselves which has caused damage the police didnt even come out. If i would have smacked them one with the bat i had in my hand (which i had as so many of them carry blades) then the police would be straight round.The level of abuse and aggression these kids are prepared to use nowdays is directly becasue there is no strict law enforcement or consequences for their actions.Gone are the days when the police were in direct contact with the local community.After all knicking criminals dont make the system money it costs the system.I think its becomming more and more popular for people to quietly hand down their own justice. If this is right or wrong I suspect will be down to the individual victims of crime.Just to add to this I think this guy should be made to work for the victim for ex amount of hours over and above any other work commitments.The other problem is Prison itself its soft on the criminals. It should be hard work and hard labour not bumming around watching tv and getting stoned.

[carlt]

When my boat was stolen, dragged out of the cut and stripped of everything down to the fender cleats, the police said there was nothing they could do because it had rained ! Despite me knowing who did it, where he was and that he was bragging about it to anyone who cared to listen.

 

Justice was gained swiftly and non-violently.

[thomasthetanker]

If the chap was homeless i'd thought a prison bed would be quite inviting?

Edited October 19, 2007 by thomasthetanker

[StoneHenge]

Interesting sentance. One I feel may have been more severe if we didn't have an already over stretched prison population. The judges seem to air on the side of caution in that only the worst offenders seem to get long stretches.

 

Look at the five young people who got sentanced to 2 years in a detention centre for stoning a man to death? The judge said despite their previous good character, he needed to set an example to other youths who might have entertained the idea and hopefully put a few them off carrying out thier actions.

 

I feel he should have done a spell in prison. Maybe not a long stretch, and then some community service. Nothing worse than having to litter pick or scrub off graffti where you used to live or your neighbours pass.

 

It shouldn't be all about the money, it should be about the prinicpal of theft, something which seems to have been given a wide berth in this case.

[tillergirl]

Oh dear - I hope none of you lot every find yourselves in financial strife. Yes it was wrong to steal the boat, yes it was to change its appearance but sometimes life makes people do strange things. I followed the saga but in my opinion it was a cry for help. I for one cannot see the point in putting the man in prision (already overcrowded) - I think quite possibly the shame of all this has been punishment enough not just for him but his family as well or maybe you think he should have thrown himself off the nearest bridge. Don't get me wrong I dont agree with what he did ...............

[carlt]

Oh dear - I hope none of you lot every find yourselves in financial strife. Yes it was wrong to steal the boat, yes it was to change its appearance but sometimes life makes people do strange things. I followed the saga but in my opinion it was a cry for help. I for one cannot see the point in putting the man in prision (already overcrowded) - I think quite possibly the shame of all this has been punishment enough not just for him but his family as well or maybe you think he should have thrown himself off the nearest bridge. Don't get me wrong I dont agree with what he did ...............

I originally moved onto my Dawncraft because of 'financial strife'. My job meant I was responsible for a very large budget, which I could have quite easily 'diverted' in my direction. The thought of stealing my way out of trouble never crossed my mind.

 

Many people find themselves so deep in debt, that they can see no way out. A tiny proportion resort to crime to get themselves out of trouble.

 

If it had been found that the man was mentally ill, then prison would be inappropriate. If the sentence for stealing a boat worth many tens of thousands of pounds, and vandalising it, is "keep your nose clean for a year" with no demand that he pay back the money, then that is just not enough.

[StoneHenge]

A crime is a crime. I know about financial strife. I've been there, and am just about clawing my way out of it. There was never a question of stealing to ease that. A win on the lottery would be nice, but then, I don't play it, so that would be hard.....

 

If he was found of sound mind, then he needed to be punished. There are a lot of ways to get help with your financial problems. I've been there, and received that help, and it doesn't involve getting a boat and stealing off with it. Far from it, it means getting good advice and getting yourself straight, something that could have been achieved without all of this, and he wouldn't have needed to have sold his home to get there either probably.

 

However he got into the mess he's in, there are means and ways without stealing.

[anthony]

Sorry tillergirl but i have to lol at your mindset.

I know what its like to be skint and thinking life cant get any lower but then it does and stealing someones boat does not equal a cry for help!

That why charitue like mind exist so you can get help.

He didnt go into the supermarket to get some food for his family that theft i would understand as a cry for help but stealing and then consealing a boats identity is more than a cry for help.