The Crown Office Appeals unit in a letter to one of the victims in the Lorimer child abuse case (see previous articles) has now confirmed that it will not be appealing the sentences of ex-foster parents the Lorimers from Maybole, Ayrshire who were convicted of sexually and physically abusing children who were in their care some years ago. The Lorimers recieved derisory Community Service order sentences and the victims had pressed for the Crown to appeal the sentence on the grounds that it was unduly lenient.
According to the Crown Office appeals unit;
"... the Lord Advocate has right to appeal against a sentence on the ground that it is unduly lenient. The independent sentencing powers of Judges have always been a cornerstone of our legal system and as such the Appeal Court has set a high test to be satisfied before a Crown appeal against sentence will be successful. The Court has stated that:
"It is clear that a person is not to be subjected to the risk of an increase in sentence just because the appeal court considers that it would have passed a more severe sentence than that which was passed at first instance. The sentence must be unduly lenient. This means that it must fall outside the range of sentences which the judge at first instance, applying his mind to all the relevant factors, could reasonably have considered appropriate." "
According to the Crown Appeals Unit this test is not met. So what is being said is that people who abused children who were vulnerable and were placed in their care as trusted people - by the state - dont deserve anything more severe than a sentence of less than the maximum Community Service. No wonder people in Ayrshire and throughout Scotland are losing faith in our Courts!
"A Man's a Man for all that!" - Rabbie Burns
Feb 8, 2006
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