A previous post looked at the tragic case of
R v Carla Foster who, in June 2023, was sentenced to 28 months imprisonment for administering poison with intent to procure a miscarriage - (Offences Against the Person Act 1861
section 58).
Although this was plainly a serious offence, there were a number of exceptional features. Whilst a sentence of imprisonment was inevitable, the question was whether the term could be low enough to enable the imprisonment to be suspended but with requirements aimed at rehabilitation.
The sentencing judge, Mr Justice Pepperall, considered that he was unable to reduce the sentence below 28 months. This could not be suspended because it exceeded 2 years.
On appeal, the sentence was reduced to 14 months imprisonment to be suspended for 18 months from the date when she was first sentenced. There is also a rehabilitation requirement of up to 50 days to give her the opportunity to engage in various interventions designed to assist her, including counselling.
The Court of Appeal's summary judgment was published on 19 July and full reasons for the decision will be handed down in due course.
Earlier post - Law and Lawyers: R v Carla Foster - 28 months imprisonment - abortion (obiterj.blogspot.com)
Appeal - Summary of the court's judgment - R -v Carla Foster (judiciary.uk)
Addendum 22 October 2023:
The Court of Appeal's full judgment is at R -v- Foster (judiciary.uk). It can be seen - (para 51-53) - that the court did not take too kindly to a lengthy letter sent to the trial judge by eminent medical professionals who are listed at para 51. In summary, the letter said -