Another example of madness!
Burglar who claimed jail sentence infringed his children's human rights is freed A burglar was freed from jail today - after judges ruled his five children would suffer as much as he would if he remained behind bars.
Wayne Steven Bishop, 33, was serving an eight-month sentence, imposed at Nottingham Crown Court in April after he admitted burglary and dangerous driving.
But he is the sole carer of his five children - aged between five and 13 - for five nights a week and claims it was not in their 'best interests' that he stay in prison
His ex-partner looks after them the remaining two days.
His QC, Ian Wise, told Mr Justice Maddison and Mr Justice Sweeney at the Court of Appeal that the court had not properly taken into account the effect on the children.
Since his incarceration, they have been cared for by his sister during the week and his ex-partner, but the situation has been difficult for all parties.
The sister is a
single parent with seven children to look after already - five of them her own - and she lives seven miles from the schools which her nieces and nephews attend.
Pointing to Article 8 of the Human Rights Convention - which guarantees respect for family life - Mr Wise said judges should have the well-being of children at the forefront of their minds when their sole carer might be sent to prison.
'We submit that the judge erred in law in failing to have proper or any regard to the children that he was the sole carer for,' he told the appeal
'The interests of the children should be central to the decision-making process where children are affected by a decision.'
Mr Justice Sweeney questioned whether it had been in the children's best interests for their father to be out committing burglary and asked who had been looking after them at that time.
But the judges together concluded that not enough attention had been paid to the effect that Bishop's incarceration might have - and is actually now having - on his children.
'It is apparent that the position of the children is a highly unsatisfactory one in the absence of the appellant himself,' said Mr Justice Maddison.
He continued: 'It is important that criminals should not think that children can provide some sort of licence to commit criminal offences with impunity.
'All of that said, however, we have to be aware of the highly unsatisfactory and difficult situation faced by the children and those now doing their best to look after them.
'We have come to the conclusion that the appropriate course is to allow the appeal and to suspend for a period of two years the consecutive sentences which were pronounced by the judge.'
Bishop, of Clifton, was prosecuted after he was caught driving away from the scene of a burglary at Mansfield Rugby Club in the early hours of September 2 last year.
He and three other men raided the premises, taking only some chocolate, before he and one of his accomplices drove off in a transit van.
Bishop clipped a police vehicle and drove through red lights before he eventually drove up a dead-end street and was arrested. He admitted all charges.
Read more:
http://www.dailymail.co.uk/news/article-1391512/Burglar-claimed-jail-sentence-infringed-childrens-human-rights-freed.html#ixzz1NalmkyqqSo he's got a free pass to go out thieving then until the kids are grown up - or does he father a few more for us the taxpayer to look after?
