Man who attacked woman walking home at night avoids jail 'as he would lose his job'

[Niamh.]

As Ammi said in another thread, forget bloody curfews, do some actual justice in Courtrooms. I mean the guys Solicitors defence was that the attack was "opportunistic" what does that even mean? It was the womans fault for being there? wtaf?


Javed Miah, 23, ambushed the terrified victim in the street before pulling her to the floor and molesting her

A man who forced himself on a young woman as she walked home alone late at night has walked free after complaining he would lose his job if he went to jail.

Takeaway worker Javed Miah, 23, ambushed the terrified victim in the street before pulling her to the floor and molesting her.



Miah only fled when the unnamed woman managed to used the SOS function on her mobile phone to call 999, letting out a loud beeping noise.

The victim, who works in Oldham, later told police: “Since the assault, I have not been able to leave the house or work.

'I do not know if he knows my route to work. I am scared to walk anywhere. I will have to rely on my friends or family to drive me to work out of fear.''

Miah, of Lees Street in Shaw, ran off down an alleyway but was arrested later.

The defendant faced jail after admitting sexual assault but was sent on a sex offender rehabilitation programme after pleading he was a ''the sole earner'' in his family.

Appearing at Tameside Magistrates' Court last Monday, his lawyer said the attack was ''quite opportunistic.''
The incident occurred at 9pm on December 11 2018 in Oldham after the woman was on her way home from work.

Prosecutor Peter Conroy said: '''She noticed there was a male walking behind her, and he bumped into her. Her right shoulder hurt and she lost her breath because of fear that she did not know what the defendant was going to do. "

Mr Conroy said the defendant asked if she knew what time it was and she replied.

He continued to follow her for around another one minute, the court heard.

The defendant then went up to her and groped her bum cheek.


Mr Conroy added: “She was shocked and frightened. She told him it was not right for him to do this. He had his arms around her chest and then the next thing she knew, she was on the floor on top of him. He lifted his right hand towards her crotch and started to move her hand up towards her chest.

“She said ‘my mind froze, I was in total shock’. She managed to get out her mobile phone and use the SOS function to call 999. This let out a loud beeping sound and this forced him to instantly let go and run away down an alleyway. She had said nothing to him to warrant giving him any right of doing this.''

Miah gave no comment in police interview. His lawyer Saul Comish said in mitigation: ''This offence was quite opportunistic.

''He is in employment at a takeaway where he works from 4 to 11pm. He is married and is a father to a four-year-old child. If you feel a custodial sentence is required, he would lose his job and he the sole earner for his family, so this would have a significant impact.

“This incident was entirely out of character. He has a low risk of re-offending.''

Miah was sentenced to six months imprisonment, suspended for two years and will have to complete 250 hours of unpaid work.

He was also ordered to pay £213 in costs and sign the Sex Offender Register for seven years

Sentencing JP David Quarnby said: “This was a cowardly and sustained attack on a young woman late at night.''
https://www.manchestereveningnews.co.uk/news/greater-manchester-news/man-who-attacked-woman-walking-20157910?utm_source=linkCopy&utm_medium=social&utm_campaign=sharebar&fbclid=IwAR1g0inx0Gb5HGJQRzbQHEsZMiBern8JRYuH1g6t4 EKv4rA-trhsAy_YSbE

[Alf]

Any feminist protests planned for this injustice?

[Babayaro.]

Where is the logic in not giving him prison time?? There are just no words for how outright dumb our justice system can be.

[Niamh.]

Any feminist protests planned for this injustice?

Well clearly this case won't have had quite as much publicity as a woman being murdered by a Policeman

[UserSince2005]

His gender ain't the problem.

[Vicky.]

****ing vile.

'Just report it'...yeah right.

[bots]

isn't that discrimination against multiple wage earners in a family or the unemployed. The implication is that if he had not be the sole wage earner he would have gone to jail

[Amy Jade]

Shocking. The justice system in this country is ridiculous.

[Beso]

**** the police though huh.

[Mystic Mock]

Wow!

[Scarlett.]

This makes absolutely no sense, he should have gotten the full sentence.

[Cherie]

A kindly judge obviously

[Crimson Dynamo]

"he would lose his job?"


heaven forbid that at the essential takeaway

:umm2:

[Cherie]

Like is he still the sole breadwinner, surely his wife has kicked him out?

[smudgie]

Shouldn’t be too hard to find him.
Bit of swift justice on his way maybe.

[thesheriff443]

If you think this case is bad, nearly 450 that were guilty of offences that included rape and child molesting were let of without a conviction or other serious punishment because they apologised to their victim

That was cases in the last year

[Beso]

If you think this case is bad, nearly 450 that were guilty of offences that included rape and child molesting were let of without a conviction or other serious punishment because they apologised to their victim

That was cases in the last year

In what country?

[Niamh.]

If you think this case is bad, nearly 450 that were guilty of offences that included rape and child molesting were let of without a conviction or other serious punishment because they apologised to their victim

That was cases in the last yearI think they're all bad, this is just a recent one that popped up on my news feed and illustrated perfectly a point being discussed in that curfew thread the other day

[Crimson Dynamo]

how can that judge go home at night and look in the mirror as he brushes his teeth and think he did ok today?

[Jake.]

The mind boggles. Despicable.

[thesheriff443]

In what country?

This country parm

[GoldHeart]

Oh great justice system that's right let the rapist go free !!!:bored: :crazy:, sounds like they have more sympathy for the creep than the actual victim
I'm lost for words .

[thesheriff443]

I think they're all bad, this is just a recent one that popped up on my news feed and illustrated perfectly a point being discussed in that curfew thread the other day

Of course it’s bad to be attacked and groped but to be raped or as a child be molested and only for the scum that did it to get let of for apologising is another level of disgusting

[Ammi]

...it’s beyond staggering, isn’t it...and even now, at a time when women’s safety is so high profile ...The only thing that I can find is a local Oldham newspaper that says that a local councillor has written to the Attorney General to seek a review of the suspended sentence...but even if it was changed, which is probably unlikely...?..it’s still only a 6 months sentence, which would probably be around 3 months served...he followed her, pulled her to the ground and sexually molested her...and she was only able to get free from him because she was able to use her SOS app on her phone...if she hadn’t, then the assault would have continued and how violent would it have become...and he was given 6 months suspended and 250 hrs of community work...?..the value of women, their safety and their justice...

...this is part of the letter that was sent to the Attorney General...


"Following the recent tragic death of Sarah Everard, the continued safety of women on our streets from predatory males will, I am sure, be especially at the forefront of the minds of all involved with criminal justice at this time.

"I am therefore disquieted to find myself in a situation where I feel compelled to write to you to seek your urgent intervention in a most disturbing case involving a predatory male who, despite being convicted of a serious sexual offence, was set at liberty by a local magistrates' court.

As the prison sentence was suspended for two years, Councillor Sykes goes onto say: "This offender can consequently now continue to pose a threat to my female constituents and to other women living elsewhere in Oldham."

[Niamh.]

Of course it’s bad to be attacked and groped but to be raped or as a child be molested and only for the scum that did it to get let of for apologising is another level of disgustingObviously but it doesn't make this case any less of a miscarriage of justice

[Ammi]

...also, apparently this assault happened in December 2018, over two years ago and it’s only just gone through the courts system...so I presume this man has been out in society for the last two years, just over two years...it’s all waited this long...(...the delay could be COVID related probably...)...to be given a six month suspended sentence for such a serious crime...

[Beso]

This country parm

In this country people have been given a lesser sentence for abusing a child because they apologised to the child!!


Was the child in court to hear this..or did daddy just whisper it in the childs ear?

[Ammi]

...this blog is a worthy read by ‘legal feminist’....


This is a blog about sentencing, and outrage, and outrageous sentencing.

In particular, it’s about this case of sexual assault perpetrated by a stranger, reported in the Mirror as “Dad who attacked woman walking home at night avoids jail as he ‘would lose his job.’”

The facts are thrown into particularly sharp relief this week, in the wake of the abduction and murder of Sarah Everard. The defendant, Javed Miah, walked behind the victim and bumped into her, asking her the time. After following her for a minute, he groped her bottom, pushed her to the ground, and moved his hand from her crotch up to her chest. The victim managed to connect an emergency SOS call on her mobile phone at which point he ran away.

Miah was given a six month sentence, suspended for two years. He will also have to complete 250 hours of unpaid work, complete the sex offenders rehabilitation programme, and sign the sex offenders register for seven years.

Women are justifiably outraged. How can a man push a woman to the ground, commit a sexual assault, seemingly intent on worse and yet walk free from court?

Other commentators can point you towards the Sentencing Guidelines and point out that the judge has followed them. The Mirror reported that the judge called the attack ‘sustained.’ That would make it a Category 2, Culpability B offence, carrying a one year starting point with a range of a community order to two years custody. With both the logic and the emotion of a Sudoku puzzle, the starting point of one year is then adjusted up for location and timing (alleyway, after dark), then down for previous good character and remorse, ending at a 9 month sentence. A further 30% off is applied for a guilty plea, bringing it down to six months. The judge must then consider mitigation and whether or not the sentence can properly be suspended. Any sentence of 2 years or less is capable of being suspended – and there are good reasons for this: if someone loses their home, job, relationship and future prospects they are more, not less, likely to reoffend. Feed the data here into the OASys machine and we have a defendant who has a secure relationship – ding! – with a job – ding! – and a home – ding! – and children, meaning community ties – ding! – which all feeds into the assessment of a low risk of reoffending.

So yes, assuming from the limited information in the reports that it was correctly categorised, the magistrate has applied the guidelines correctly. The defendant pleaded guilty, so we don’t even need to get into whether the prosecutor has done their job well: plainly they have. Defence lawyers are often blamed for ‘getting their client off the hook,’ but since this defendant had pleaded guilty, we can blame the defence for nothing more sinister than effective mitigation, which is the right of the most egregious criminal in the land. And of course, it would be absolutely wrong to suggest the judge was entitled to sentence the defendant for what he (probably) would have done if not for the victim’s actions, rather than for what he did do. We do not sentence people for things they didn’t do – even if we think they might have done had they had the opportunity. This is fundamental to the rule of law.

And yet.

The purpose of this blog is not to reassure readers that the system is infallible. It is to make plain that the disquiet felt by women at sentences like this is not because women have failed to understand how the guidelines work, but because the guidelines do not reflect the terror that this type of offending causes to women going about our daily lives. We can reassure readers that such sentences are not the result of outright bias or corruption – but we would, ourselves, prefer an assurance that the Sentencing Guidelines will be updated and improved.

[Ammi]

...I really hope that this story gains some traction and the sentencing is reconsidered ...

[Marsh.]

I mean the guys Solicitors defence was that the attack was "opportunistic"

:skull:

Doesn't that make him MORE dangerous? He didn't have a target, he would have attacked anyone. How does that make it better? :umm2:

[GoldHeart]

:skull:

Doesn't that make him MORE dangerous? He didn't have a target, he would have attacked anyone. How does that make it better? :umm2:

And he'll easily do it again , yet he's being protected .

[Niamh.]

:skull:



Doesn't that make him MORE dangerous? He didn't have a target, he would have attacked anyone. How does that make it better? :umm2:Maybe give women a curfew so he has no more opportunities. . . [emoji879]

[Mystic Mock]

If you think this case is bad, nearly 450 that were guilty of offences that included rape and child molesting were let of without a conviction or other serious punishment because they apologised to their victim

That was cases in the last year

What is this country becoming? Apologies for being OTT, but wtf!?

[Zizu]

Our sentencing has been far too lenient for decades ..


Man who attacked girlfriend before slicing mate's face and chasing him with machete avoids jail

Ross Pate, 37, was handed a two year jail sentence which was suspended for two years


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