Practice and Procedure

R V JUSTINA ELEMEZE (2000)

PUBLISHED February 25, 2000
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A sentence of five years' imprisonment for an offence of wounding with intent would normally have been unappealable in usual circumstances. However, because nobody, including the appellant and the sentencing judge, was aware that the appellant was pregnant at the time of the trial, the Court of Appeal would exercise its spirit of mercy in the interests of the baby, and reduce the overall sentence to a term of three years and nine months' imprisonment, thereby enabling the appellant to be released after 18 months in order to continue looking after her baby.

CA (Crim Div) (Roch LJ, Judge Brian Walsh QC)

25/02/2000

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