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Old 10-12-2014, 11:13   #17
Damien
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Re: Child rapist released...

Quote:
Originally Posted by Chris View Post
Correct - however AFAIK had he not served an appropriate length of time under the law as it was, he could have been made to remain in jail today. He has been released because, the indeterminate sentence being unlawful, it had to be replaced with one that *was* lawful. And the lawful sentence for the crime he committed, under the law as it was at the time he committed it, was around 4 years. Under our current early release/probation rules, that equates to 2 years behind bars, then supervision by the probation service afterwards.
OK. My interpretation was that the current judge didn't have the scope to give a new sentence but as the original sentence was invalid it had to be overturned. 4 years seems shocking low as a maximum sentence for indecently assaulting a child.
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