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cyberdad
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25 Sep 2017, 5:23 pm

A rather bizarre case involving an aspiring medical student studying to be a suregeon was spared jail for attempted murder because she is deemed "too clever" to go to jail as she is studying to be a doctor??
http://www.news.com.au/lifestyle/real-l ... 4b0bf940f3

Just wondering if another random person who tried to kill their partner in a frenzied knife attack would also be allowed to go free?



leniorose
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25 Sep 2017, 9:21 pm

The headline makes it sound like a black mirror scenario. And bit reminiscent of Hannibal Lecture- the gifted doctor that ate people.The details seem a bit hazier. She was under the influence, and there is sufficient evidence that she is remorseful (though whether it's remorse over the personal consequences to herself or remorse for the harm she did is harder to say). She is trying to stop the addiction and has apologized to her victim who suffered minor wounds.

The medical career was really just to try and sweeten the deal- I'm under the impression that there is a shortage of doctors in the UK, just like in the US. I've heard of a similar defense (in the US). A criminal, in the time between their arrest and trial, but before their sentencing, had gotten over their addiction, and become a community leader, father and the founder of 2 charities. At the sentencing, the judge looked at what he'd accomplished, and at the positive impact he had to his community, and decided to not only not sentence him to jail, but to remove the crime from his record.

You really only have to prove, I think, that they could be or are a substantial positive force in the community and that jail time would ruin that possibility. It seems like the UK has a similar policy.

She's on probation for now. The article says that her sentencing was delayed, so she could still see jail time. By the time her sentencing comes around, though, the lawyer could just use the same defense in this post.

So, she's on probation because she's trying to get over the addiction and add to the community. The judge is willing to let her try, and if she fails, she's going to be sentenced to jail.



cyberdad
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26 Sep 2017, 12:11 am

Yes I can certainly see the value in her finishing her studies and contributing to society but why not (as part of her probation) get her to work or a minimum of 2 yrs in a women's prison or drug clinic so she can be educated on the dangers of drug addiction



leniorose
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26 Sep 2017, 9:49 pm

I don't know. It's certainly a good idea.