Thread: Triggering (Abuse): Woman’s eight false rape claims
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dr2005 Offline
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Re: Woman’s eight false rape claims - November 22nd 2010, 06:14 PM

Quote:
Originally Posted by WOW!USaidSomethingSmart! View Post
Why would she go to prison? It was documented she had mental health problems so if she violates her supervision order, shouldn't her mental health be checked first and not off to prison? Also, if the sentence is 12 months, why do those extra 6 months matter or is that a typo? It seems rather odd that she was suffering mentally this badly yet she's not being considered for a mental health secure hospital. I suppose her improvement could be due to unreported consultations with psychiatrists but in the event there was no consultation, there's a high chance of repeat behaviour.
A few things to note here.

1) Whatever the mental health difficulties are - for which one would have to read the pre-sentence reports - they have not been held sufficient for acquittal and so by the same vein would likely not be sufficient to prevent custody were the probation order breached. Were they sufficient, it is likely a treatment order would have been made instead.

2) The probation order including supervision (not supervision order - an error on my part for which I apologise) will likely include the mental health services in light of the submissions made. However, should it be breached then unless there is evidence of deterioration of her mental state making hospital more appropriate it is more likely the suspended sentence will be activated. The sentence as it stands suggests the difficulties are not sufficient to prevent custody as otherwise the suspended sentence would not have been made at all.

3) The suspension period is not connected to the length of the sentence - it is set by the judge and reflects what they deem a sufficient probationary period in light of the offence committed. It is not an extra 6 months on the sentence; instead it means that the defendant is liable to be sent to prison if they breach their order within those 18 months. After 18 months and pending the successful completion of the order, the conviction is treated as spent.

Hope that clears things up a bit.


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Quote:
Originally Posted by OMFG!You'reActuallySmart! View Post
If you're referring to dr2005's response, it's not complex, however, he has a way with words .
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