Sentencing Of Ben Oliver
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The sentencing of Ben Oliver, a 25-year-old man convicted of the
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
of his grandfather, was the culmination of a
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
case in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, and the sentencing was the first criminal court proceeding in England and Wales to be televised. Oliver was convicted of killing his 74-year-old bedbound grandfather, David Oliver, of
Mottingham Mottingham is a district of south-east London, England, which straddles the border of both the London Borough of Bromley and the Royal Borough of Greenwich. It is located south of Eltham, southeast of Charing Cross. It is within the historic ...
, South East London, following a trial at the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
, where he had pleaded not guilty to
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. At the televised hearing, which took place in Court Two of the Old Bailey at 10 am on 28 July 2022, he was sentenced to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
with a minimum of ten years by Her Honour Judge Sarah Munro .


Manslaughter

Oliver, of
Bexleyheath Bexleyheath is a town in south-east London, England. It had a population of 31,929 as at 2011. Bexleyheath is located south-east of Charing Cross, and forms part of the London Borough of Bexley. It is identified in the London Plan as one of ...
, South East London, killed his grandfather David Oliver in a knife attack on 19 January 2021 after becoming "very angry" upon learning of historic sexual abuse allegations his grandfather had allegedly committed against girls. At the time of his death, David Oliver was bedbound following a stroke. At his trial, the court heard how Ben Oliver had used a
kitchen knife A kitchen knife is any knife that is intended to be used in food preparation. While much of this work can be accomplished with a few general-purpose knives – notably a large chef's knife, a tough cleaver, a small paring knife and some sort of ...
to inflict 21 stab wounds on his grandfather, cutting his throat "with severe force" and stabbing him in the mouth and eyes until "he was utterly powerless". The trial also heard that Oliver, who was diagnosed with
autistic spectrum disorder The autism spectrum, often referred to as just autism or in the context of a professional diagnosis autism spectrum disorder (ASD) or autism spectrum condition (ASC), is a neurodevelopmental condition (or conditions) characterized by difficulti ...
at a young age, had suffered physical and sexual abuse at the hands of his stepfather as a child, and had a previous conviction from 2016 for sexual offences against a young girl he committed as a
minor Minor may refer to: * Minor (law), a person under the age of certain legal activities. ** A person who has not reached the age of majority * Academic minor, a secondary field of study in undergraduate education Music theory *Minor chord ** Barb ...
. The court was told that his mental health had deteriorated during the
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to the point that he became obsessed about catching
COVID Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quickly ...
and asked his grandmother to help him commit suicide. He was cleared of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
but convicted of
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
after pleading guilty due to
diminished responsibility In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental f ...
. He was sentenced to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
with a minimum of ten years and eight months, but with time deducted for the period he had already spent in prison, meaning he will serve a minimum of nine years before being considered for
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. Judge Munro described him as a "very damaged man" and "a significant risk to the public".


Televising of sentencing

The use of cameras in court had been illegal since unauthorised pictures of the 1910 trial of
Dr Crippen Hawley Harvey Crippen (September 11, 1862 – November 23, 1910), usually known as Dr. Crippen, was an American homeopath, ear and eye specialist and medicine dispenser. He was hanged in Pentonville Prison in London for the murder of his wife Co ...
were published by the international media, prompting Parliament to legislate against the taking of photographs. Media outlets had long campaigned for cameras to be allowed into court following televised hearings in Scotland, the first of which took place in 1992. But ''
The Guardian ''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' has noted resistance to the move, often amid concerns of sensationalising court cases, such as was the case in the United States with the 1995 trial of O. J. Simpson. The first court proceedings to be filmed in England and Wales occurred in 2010 with the creation of the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, while the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
first allowed in cameras in 2013. The filming of criminal proceedings was finally given approval in 2020 with the passing through Parliament of the
Crown Court (Recording and Broadcasting) Order 2020 The Crown Court (Recording and Broadcasting) Order 2020 is a statutory instrument of the Parliament of the United Kingdom. The order allows for the filming of the sentencing phase of trials held at the Crown Court in England and Wales. The filming ...
. Implementation was then delayed because of the onset of the COVID-19 pandemic, although cameras in court became more common during the pandemic with the use of
video link Videotelephony, also known as videoconferencing and video teleconferencing, is the two-way or multipoint reception and transmission of audio signal, audio and video signals by people in different locations for Real-time, real time communication. ...
s to enable legal proceedings to continue. On 27 July 2022,
Dominic Raab Dominic Rennie Raab (; born 25 February 1974) is a British politician who has served as Deputy Prime Minister of the United Kingdom, Secretary of State for Justice, and Lord Chancellor since October 2022, having previously served from 2021 to ...
, the
Secretary of State for Justice The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
, announced that broadcasting would commence from the following day. Making the announcement Raab said "the public will now be able to see justice handed down, helping them understand better the complex decisions judges make". The change in the law allows the sentencing phase of serious criminal cases to be filmed for broadcast by television networks such as the
BBC #REDIRECT BBC #REDIRECT BBC #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board ex ...
,
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and
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, as well as being made available online, but the filming of entire cases remains unpermitted, and
courtroom sketch A courtroom sketch is an artistic depiction of the proceedings in a court of law. In many jurisdictions, cameras are not allowed in courtrooms in order to prevent distractions and preserve privacy. This requires news media to rely on sketch a ...
es must continue to be drawn by artists from memory outside court. For the hearing the camera is placed at the back of the courtroom and focused on the judge; no other court officials, barristers, the defendant, witnesses, jurors or the public gallery can be filmed. There is also a ten-second delay between the filming and broadcast of any hearings in order to allow for errors, such as a breach of
reporting restrictions A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial proceeding. In Canada, publication bans are most commonly issued when the safety or reputation of a victim o ...
. On 28 October 2022, 38-year-old
Jemma Mitchell Jemma Mitchell (born 22 July 1984) is an Australian-born English former osteopath who was sentenced to life imprisonment for the 2021 murder of her friend, Mee Kuen Chong (known as Deborah). Mitchell killed Chong at the latter's home in Wemble ...
became the first woman to have her sentencing for murder televised, when she was jailed for 34 years for murdering and decapitating her friend Mee Kuen Chong, 67, and dumping her headless body in woodlands more than away.https://news.sky.com/story/jemma-mitchell-jailed-for-34-years-for-murdering-and-decapitating-friend-12732009


See also

*
Murder of Suzanne Pilley Suzanne Pilley (1972 – May 2010) was a 38-year-old British Bookkeeping, bookkeeper from Edinburgh, Scotland, who went missing person, missing on the morning of 4 May 2010. Following a highly publicised appeal for information on her whereabouts ...
, a 2010 Scottish murder case whose sentencing hearing was broadcast by STV in 2012 *
Courtroom photography and broadcasting Courtroom photographing, videotaping and broadcasting is restricted in many jurisdictions. The law varies from limited film and electronic media coverage in some countries, to a complete ban in others. United States In the US, photography and br ...


References


External links


Crown Court (Recording and Broadcasting) Order 2020
{{DEFAULTSORT:Oliver, Ben, sentencing O 2022 in case law 2022 in British law 2020s in London Manslaughter in London 2022 in England July 2022 events in the United Kingdom 2022 in British television