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03 October 2014 / Sir Geoffrey Bindman KC
Issue: 7624 / Categories: Features , Human rights
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Wellington’s brutal general

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Geoffrey Bindman recalls an unusual case of crime & punishment…

Those responsible for the greatest crimes are often best placed to avoid punishment. No doubt this is because they hold political and economic power. Sometimes the mighty fall, but rehabilitation may also be easier for them.

I recently came upon an account of the trial of Thomas Picton, governor of Trinidad at the end of the 18th century. In 1806 he was tried before Lord Chief Justice Ellenborough in London and convicted of the torture of a 13 year-old girl, Louisa Calderon.

This was a most unusual case. Violent ill-treatment of the slave population of West Indian colonies was routine and tolerated. It was not until 1811 that a planter was convicted of murdering a slave. Louisa Calderon was not a slave but the descendant of slaves. The title page of the report describes her as “a free Mulatto and one of her Britannic Majesty’s subjects”.

Trinidad was seized by the British from Spain in 1797 and Picton, a rising young

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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