Libby Purves
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Any family with a taste for boats will understand the particular horror of what the Darwins did to their sons, and indeed to John's aged father. When someone is missing and presumed lost at sea, the questions in your mind become tormentingly detailed. Was it quick? How long did he struggle? Was he afraid? Did he know it was the end? Does drowning hurt? If you know the person and the boat, it is all too easy to imagine the last minutes with varying degrees of horror.
This I know: my husband's position reports once vanished for 36 hours during the single-handed Atlantic sailing race. Those questions were just beginning to unreel in my head as I sat, late at night alone in the house, studying the Atlantic weather charts, wondering how to tell the children. Then, with a cheerful bleep, I learnt that all was well.
For the young Darwins such awful questions did not go away: they must have inhabited five years of nightmare, pity and sorrow. I can hardly bear to think about it. And all the time their appalling mother was lying to them and planning a ritzy retirement in the sun with her man. Meanwhile, John Darwin - horrid detail - when he came back to hide in the family home found that he “missed his sons”, so told her to put their voices on speakerphone when they rang the sham widow, no doubt condoling and gentle. The supposed corpse of the father stood and listened: not full fathom five at all but alive and happily growing richer.
The whole business is horrible, not only a blasphemy against family life but against the solemnity of death. The final disgraceful note was Anne Darwin's plea of “marital coercion”: as if this adult woman - educated, supposedly religious, responsibly employed as a doctor's receptionist - were some poor terrified teenager trapped in an arranged marriage 5,000 miles from home and speaking no English. Oh yes, these past few weeks it has been easy to get quite carried away with disliking the cruel Darwins, and feeling sorrow for those they duped.
What bothers me, though, is that the judge seems to have got carried away in the same direction. Mr Justice Wilkie said: “Although the sums involved are not as high as some reported cases, the duration of the offending, its multifaceted nature and in particular the grief inflicted over the years to those who, in truth, were the real victims, your own sons whose lived you crushed, make this a case which merits a particularly severe sentence.”
Hang on, Your Honour. Is that really so? Speaking as a disgusted onlooker, I would have no problem with making the Darwins pick oakum or break stones for a decade. But the law is supposed to be cooler-headed than we disgusted onlookers. It has to be, or we are all in trouble. It seems clear enough to me that two crimes were exposed in Teesside Crown Court in those dramatic hearings, but that only one of them was properly the business of the judiciary: the financial fraud.
The second crime, more horrible to contemplate in human terms but outwith the law's reach, was the deceiving of the sons and the old father, and the mother's cold-hearted willingness to cast her grown children into fake orphanhood and real grief. Vile behaviour, yes: let readers and media condemn, rant and shudder.
But the judge? Come on - lying to family members and causing them misery is a moral offence but not a criminal one. “Crushing the lives” of your adult children with lies does not, as a rule, attract a prison sentence. Ask any victim of a rough divorce.
Wrecking a family one way or another is not uncommon, but is very rarely indictable. We do not lock women up for misleading their offspring (and their husbands) about who is the real father. We do not drag parents into court because they coldly refuse to speak to their gay sons or daughters ever again; we do not throw people into prison because they emotionally blackmail children into giving up a chosen vocation to become personal carers or to work in a dull family business.
Adultery involves lies, betrayal and the breaking of solemn promises but it is not a crime; breach of promise to marry was abolished as a tort in 1970, and you certainly cannot sue people for “alienation of affection” any more. The principle seems to be that private bad behaviour - short of theft, violence or fraud - is simply no business of the criminal law.
I am comfortable with that. If the Darwin sons want to bring a civil claim of some sort for emotional abuse (and I doubt that they would) then that is their business. But the fact is that the judge gave the Darwins a sentence twice as long as that awarded to many who defraud financial institutions or the Treasury on a far grander scale. Three years is a common tariff. Six is not.
Mr Justice Wilkie's statement in court suggests that it was the suffering of the “real victims”, the sons, that swayed him. If he had said that the deceiving of the sons merely convinced him more fully of Anne Darwin's calm intention of lying to insurers and pension funds, fine. But his emotive language suggests something quite different - a conflating of personal revulsion with criminal sentencing. And somehow I don't like that.
Libby Purves worked for some years for BBC Radio 4, as a reporter and a presenter on the Today programme and, since 1983, has presented Midweek. She joined The Times as a columnist in 1990. She received an OBE in 1999 for her services to journalism and was Columnist of the Year in the same year. In her spare time she writes bestselling novels. Her opinion column appears in the The Times on Mondays
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Is not the received wisdom but to 'temper truth with discretion?'
ian cheese, london, uk
Lies...Damn lies...and statistics.
Any lie is an intent to decieve, no matter who says it or why.
If we lack all integrity, what do we have left?
Mrs. Canoe should get the same sentence as Mr Canoe.
"Is a danger to be trusting one another..."."There'll be nothing left on Earth excepting fishes."
carlyle, hackbridge, U.K/USA
Agree with earlier posts: yes there are such things as aggravating circumstances, there's certainly nothing novel in the Judge's taking 'moral cruelty' into consideration while sentencing. How one can say 'it is between them and their parents'? In a society we owe each other respect and recognition
Silvento, Paris, France
there are lies and lies Ms purves !
if one lies about who ate all the chocolate cake, then that is no big deal
but if, as in this case, the lie causes a close relative to go
through the pain of bereavement, unnecessarily, then that is
a terrible crime -the mental anguish being as bad as pain
qua, bath, uk
I'd agree with the points in the article. But what is interesting is that the two of them carried out the fraud and so both are to be held accountable for the behaviour of the other. But why has Mrs Canoe got a longer sentence than Mr Canoe? Could it be because of the lies told and she is the mum?
Anthony, Cardiff, UK
Leaving the lying to one side, six years seems a reasonable sentence for this calculated, premeditated fraud. Stonehouse got seven years for essentially the same thing, although he was let out quite early because he had several heart attacks.
And they'll only do 3 years in any case.
Ben, Karlovy Vary,
There are people in prison doing less time for kicking someone to death.
David Thijm, Storubridge, UK
When someone's found guilty of a crime the judge looks at all the circumstances of the case, those that make the crime more serious, such as this, (aggrevating factors) and those that go some way to excusing the crime (mitigating factors). Sadly it would take more than 300 characters to debate this.
Chris Jackson, London,
agree except the fact they shouldnt even go to jail. They are not a danger to othere. They should pay all money back with interest, pay for police time and a hefty fine. make them clean the streets for 2 yrs every weekend and their humiation is complete. prison costs taxpayers 55,000 per year
Heeners, bath,
I do agree with you, Libby, that judges shouldn't act as emotionally driven disgusted onlookers. When moral umpiring creeps into jurisprudence, we start acting like a medieval theocracy, then we are in trouble.
Dilip Dhokia, Bradford, UK
Regarding the sons...What yardstick was used to measure any upset caused to the sons? For a father to do this, surely he felt no love was being lost. And,children tend to reflect the parents. And as for the amount swindled in relation to the sentence of six and a half years, totaly disproportionate.
jack london, london, england
Good for Mr Justice Wilkie. Suffering caused to others should always be taken into account when sentencing.
Lin, London, UK
Libby, you are spot on..There is always a difference between a good lie and a bad lie. Telling a lie, or perhaps concealing a truth which doesn't ill or harm a person is a better choice. At times as prudent and sensible parents, we aught to put off or fake an issue which prevents wrecking a family
sandy, New Delhi, India
Totally agree. It's between them and their sons. Nothing to do with the State.
Amy Allen, London,
I think the Judge was correct the time in Jail should reflect the totallity of the crime and should therefore be taken into consideration when the sentence is formulated by the Judge.
I mean they wont even serve the total anyway. I would have presented a bill for the rescue services time as well.
KeithW, Wirral, UK
'If the Darwin sons want to bring a civil claim of some sort of emotional abuse (and I doubt that they would)'
Possibly because there hasn't been a precedent to give them belief that any claim is justified.
Surely this ruling sets that precedent?
Graeme Morrison, London,
Glad to see this being mentioned in the press. The judge's silly comments should help their appeal. I was taken aback by their sentence. Think of the sums involved. Blame each for half the amount. I'm quite sure I've read reports in the past year where 'carers' of vulnerable pensioners had sentences
Harold William Heslop, Crook, Co. Durham
of less than eighteen months (or community service)for stealing £120000.
Dare I mention Northern Rock directors who would have been jailed in America?
Harold William Heslop, Crook, Co. Durham
Well said - justice is supposed to be blind.
I look forward to a denunciation of the tendentious and distorting "victim impact" statements.
monty, bristol,
The sons, adult as they are, were deliberately tortured.
Human Rights legislation has something to say on that.
Like any woman abandoned for another, after years of lying, these men must feel totally betrayed. They had the right, as sons. That right was totally betrayed.
Darwins deserve jail.
Charlote Peters Rock, Knutsford, England
....and in so doing his honour has provided classic grounds for an appeal of the severity of the sentence which, in view of the fact that the Dawsons funds are now frozen, will be paid fro out of legal aid.
derek robinson, york, uk
You are totally wrong Libby. There is nothing unusual in a judge taking into account the harm done by criminals to innocent parties when determining their sentences. Also the judge is totally correct in looking at what is revealed about the Darwins in their conduct to their sons.
Patrick Hadley, Lichfield,
I think that what the judge might have really meant by giving such a high sentence and explaining that it was influenced mainly by the suffering of the sons, was the light in which this particular suffering placed the accused parents. They witnessed their sons' pain and fueled it by further lies.
Amanda, Lodz, Poland
Attagirl, Libby. for what it's worth, I am 100% with you. I read with incredulity the newpaper reports of what the judge is supposed to have said.
Amin Aswet, Gibraltar,