Punishment to Fit the Possible Crime?

The ScotsmanApril 05, 2005

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Summary


HOW much should someone be sentenced for the crimes he has committed, and how much for those he might possibly commit? The issue has been raised quite starkly in a case where a man was given a life sentence, not really for his relatively minor sex attack on a woman, but for his admission to a psychologist that he carried a "rape kit" and fantasised about using it.

Two appeal judges were asked to rule on whether the sentence was excessive, but they have decided the question of relying on "possibly delusional statements" is of such general importance that it ought to be considered by a larger bench.

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Extract


Punishment to Fit the Possible Crime?

Allan Roberts, 42, from Haddington, East Lothian, appeared at the High Court in Edinburgh last September and pleaded guilty to a charge of indecent assault. Both he and the victim, 37, had learning difficulties, and they became friends in 2002. They had discussed becoming eng...

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