It was entirely predictable that a jury would clear Peter Harvey of attempted murder at Nottingham Crown Court and difficult to see how the charge could have been justified in the first place by the CPS.I fully accept that the attack was the result of the most extreme of provocation and that it was precisely correct that he was convicted of GBH.
I have already made clear my enormous sympathies for this gentleman but I must admit that a non custodial disposal here is perhaps one step too far. Provocation, without being in fear of his own safety, is insufficient reason to impose a non custodial sentence.
Having been long part of the sentencing system, I must declare that you must always consider 'what message is being sent out' with any given outcome.
More than anything else, it was the failure of the system to take this aspect into account which resulted in my resignation as a Chairman of Magistrates.
Personally, I think that six months in prison would have vindicated the whole procedure. 'Mental problems' cannot obviate the need for punishment - they are merely a mitigating factor.
Let us never forget that he almost took somebody's life!
