How is this not an imprisonable offence?

[T6 vanman]

I guess as per title
https://www.msn.com/en-gb/news/world/mum-blackmail...

---

-----, 22 and from Warwickshire, blackmailed her victim out of £200 in 2019 and left him needing anti-depressants after being abused by people who wrongly thought he was a rapist.

The mum-of-one even went so far to tell his family about the rape, in order to give her fake story credibility.

She admitted blackmail and was handed an 18-month prison term, suspended for 12 months at Warwick Crown Court, and was ordered to pay her victim £200 in compensation

[texaxile]

I know very little about how the sentencing system works here, (and have no wish to find out first hand either) - but are things like personal circumstances, previous record (or lack of) taken into account, along with the plea (guilty or not guilty)?.

Either way, given the article, that woman hardly sounds like she's a bastion of honesty. Her actions are pretty damn disgusting and a bit of time in chokey wouldn't do her any harm. The compensation seems to be on the low side as well, given the distress the victim has endured.

[Muzzer79]

It is an imprisonable offence - she was handed an 18 month term

However, it's common that for non-violent first offences with a guilty plea that the sentence is suspended.

One could argue that she's therefore had no punishment - the compo was only £200. However, she'll have a criminal record and if she gets into trouble again, will be straight off to the nick.

Realistically, considering how over-crowded the prison system is, this is all one can expect for crimes of this nature.

[paintman]

One of the things missing from that news report is what reasons were given for not giving an immediate custodial sentence.

According to the report in the Mirror the Judge said ""In your favour is the fact that this was not sophisticated. You have no previous convictions. I'm going to order that you pay £200 in compensation to your victim."
www.mirror.co.uk/news/uk-news/woman-avoided-jail-b...

Have to remember that one the next time I feel like committing a crime.
Doubtless there would also be some twaddle or other about a deprived upbringing & the affect it would have one her child.

[hurstg01]

so she blackmailed him out of £200, but has to pay him £200 compensation

bonkers

[agtlaw]

If the custody threshold is passed (it was in this case) then the appropriate guideline says the following factors should be weighed in considering whether to suspend the sentence:



The basis on which an immediate custody was avoided with reference to the aforementioned is not clear from media reporting.

I suspect that the majority of judges would have said - appropriate punishment can only be achieved with immediate custody. D was lucky to get a recorder. AG reference?

[ScoobyChris]

[quote]handed an 18-month prison term, suspended for 12 months
[/quote]

Does serving 2/3 sentence as suspended mean they are eligible to serve the remaining 6 months on licence rather than in prison?

Chris

[agtlaw]

No.

[Eyersey1234]

ScoobyChris said:

Does serving 2/3 sentence as suspended mean they are eligible to serve the remaining 6 months on licence rather than in prison?

Chris

No, it means if she reoffends in the next 12 months she will go to prison for this sentence plus whatever sentence she gets next time. Too lenient in my view.

[RazerSauber]

I've long advocated for the person making the false accusation getting the same sentence the perpetrator would have gotten if it was all true. What punishment has she got? Had to pay back the money she blackmailed and basically don't commit any crime for the rest of your life? The accused is left with probably deep mental scars and years on medication.

[anonymous-user]

Muzzer79 said:

However, she'll have a criminal record and if she gets into trouble again, will be straight off to the nick.

Nah, just be an extension on the suspended.

[agtlaw]

pocketspring said:

Nah, just be an extension on the suspended.

Will it?

https://www.sentencingcouncil.org.uk/outlines/brea...

[Big_Fluffy_One]

Will he get his £200 back?...probably not.
Will anyone care?...no.
Will the mud stick with him still labelled as a rapist?...yes.

[dudleybloke]

The state of it!

[QJumper]

Whether it's true or not, it does at least appear that women often seem to get more lenient sentences.

[T6 vanman]

RazerSauber said:

I've long advocated for the person making the false accusation getting the same sentence the perpetrator would have gotten if it was all true. What punishment has she got? Had to pay back the money she blackmailed and basically don't commit any crime for the rest of your life? The accused is left with probably deep mental scars and years on medication.

On a he said she said ??? but on a clearly evidenced "No he didn't" ^^^ This

Big_Fluffy_One said:

Will he get his £200 back?...probably not.
Will anyone care?...no.
Will the mud stick with him still labelled as a rapist?...yes.

^^^ This

[GranpaB]

dudleybloke said:

The state of it!

fking hell.

[Sheepshanks]

T6 vanman said:

The mum-of-one....

I imagine it's a lot to do with that.


Plus maybe the Scottish system of being very reluctant to jail under 25's is affecting Courts' thinking.

[Hol]

RazerSauber said:

I've long advocated for the person making the false accusation getting the same sentence the perpetrator would have gotten if it was all true. What punishment has she got? Had to pay back the money she blackmailed and basically don't commit any crime for the rest of your life? The accused is left with probably deep mental scars and years on medication.

I don’t disagree. That would be more like real justice.. eye-for-eye stuff.

But, (annoyingly) it might make the true victims who accuse actual offenders of a crime, wary of the risk that the offending parties lawyers are even better liars, who could use the whole scenario against them.

The law CAN be flawed, in its attempts to protect innocent people.

[texaxile]

dudleybloke said:

The state of it!

Not exactly the kind of girl I'd feel comfortable bringing home to meet my mum, or even walking down the street with, or being seen in the company of. she has rather masculine facial features...