​Facebook Gloating Increases Sentence. | tutor2u Law

A recent case where a defendant was spared jail – then imprisoned after gloating about it on Facebook, highlights recklessness.

Before sentencing a defendant, the judge will take into account aggravating and mitigating factors.

In a recent case of assault occasioning actual bodily harm, the defendant, Ben Scott, pleaded guilty and received a custodial sentence of 16 months, suspended for two years.

As well as the guilty plea, it was evident that Scott had stayed with his victim to ensure his safety; he'd also apologised to him at a later date.

However, after receiving his suspended sentence, Scott gloated on Facebook and also made derogatory comments about his victim, Royal Marine Corporal Marc Jolly.

The judge promptly summoned Scott back to court and sentenced him to 12 months immediate imprisonment.

incidentally, in Mr Scott’s own words: “I had a lot of alcohol on board” – hinting at voluntary intoxication.

He also goes on to say “The truth is I didn't think, I reacted very impulsively and I just went straight for him, punching him and kicked him once during a flurry of blows.”

This would imply a lack of intention (or recklessness) as to a battery. However, as we know from Majewski, he would be deemed to have recklessness due to his voluntary intoxication.

Read Thug spared jail after attacking soldier imprisoned after gloating on Facebook

Read Ben Scott apologises to Royal Marine he attacked and asks for threats to his family to stop

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