A difficult balancing exercise’
It was a difficult balancing exercise for the judge but, in my view, the right one: The only issue in the trial was intent and not sexual motive. That depended on the level of force and the time it would take to kill. In the end the pornography could only support a suggestion that he liked violent sex. This would have been admissible if he had denied killing, but he didn’t. In addition, the evidence was that most viewing of pornography was after the killing so, on balance, viewing strangulation pornography after the event would be more prejudicial than probative in a trial as it could cause the jury to leap to a conclusion rather than reaching a verdict on the evidence. Tabak’s sexual conduct online and with prostitutes could also have been used to rebut his assertions that he was morally correct but he was obviously such apoor witness that, as the verdict shows, it was better to reach a safe conviction on direct expert evidence than one based on an examination of his character and leave the now proved motive to the judge when setting the sentencing tariff.
So leonora stated that she believe that the porn arguement probably happened over two appearances, One when he goes to the old bailey and two when he was at trial...
Either way it was a poinless exersise according to this quote from the JusticeGap...
In the end the pornography could only support a suggestion that he liked violent sex. This would have been admissible if he had denied killing,
Obviously these Lawyers have the experience to know that the porn would not be admissible at trial, so the arguement is completely pointless even if it was as the old Bailey it was first mentioned..
If by admitting he killed her... the porn could not be used... Both the Prosecution and the defence knew this..... (makes words like green and cabbage looking, spring to mind)...
So it shows that the porn was just for the media, and to plant in the mind of the public he was a sexual deviant!!! Not for any other reason than that...
I do not believe the porn existed and the arguement in court seems ridiculous if both the Prosecution and the Defence where aware that it wouldn't be admissible... taking picture to a judge and saying that they were on Dr Vincent Tabak computer without proof, is extremely easy to do.. The prosecution are fully aware that it would be thrown out, because Dr Vincent Tabak had pled guilty to manslaughter... So the only reason they were brought was to be used AFTER trial....
Why the judge even used the NONE fact of there existence to sentence Dr Vincent Tabak is beyond me!!!!!
Which beggars the question HOW????...the Judge could sentence him on the porn when it wasn't relevant or admissible???
So.....
The judge concluded that the possession of strangulation pornography was reprehensible and later sentenced on the basis of sexually motivated murder but excluded that material from the consideration of the jury during the prosecution case.
Is that even Legal???????
Basically.... there was NO bad character evidence in relation to Dr Vincent Tabak... So where was his GOOD Character referrances??????
http://thejusticegap.com/2011/10/vincent-tabak-and-the-law-on-bad-character/
