no jail for killer

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    This just shows how wrong the justice system can be..
    Imagine if it was a nagged husband setting fire to his missus.
    No jail for woman who set husband on fire12:35 AEST Fri Jul 1 201116 minutes ago

    Prosecutors have lost a bid to overturn the suspended sentence given to a woman who killed her husband by throwing petrol on him and setting him on fire.

    Rajini Narayan was found guilty of the manslaughter of her cheating and abusive husband Satish and was given a six-year jail sentence.

    But the trial judge suspended the jail term because of her muddled thinking at the time and because sending her to jail would hurt others more.

    Narayan, 46, only planned to burn her husband's penis a little, to bind him to her by leaving a red mark like the one on her forehead.

    She was distressed and muddled after suffering more than two decades of physical and psychological abuse only to discover her 47-year-old husband was having an affair and might leave her.

    When Satish dismissed her plan, she told the Supreme Court she snapped and threw petrol and a lighted candle on his back.

    He died later in hospital from severe burns.

    In his sentencing remarks, Justice John Sulan said Narayan had already suffered and jailing her would further punish her children and others in her family.

    "For the first time in your life you had confronted your husband, had found the courage to be assertive to the person who had mistreated you for 20 years," Justice Sulan said.

    The crown sought leave to appeal against the suspended sentence, arguing it failed to deter others from committing acts of violence.

    But in a unanimous decision on Friday the three judge Court of Criminal Appeal rejected leave to appeal.

    Chief Justice John Doyle said the decision to suspend the jail term for an offence as serious as manslaughter might raise an issue of principle warranting an appeal.

    But he said the decision reflected an assessment of the circumstances which the trial judge was open to make.

    Justice Michael David said while the decision was a difficult one, the trial judge had not erred.

    "Although each case must be decided on its particular facts, a decision to suspend a term of imprisonment where the offence is manslaughter by provocation must be rare," he said.

    "Nevertheless, in my view, it was open to the sentencing judge to reach the conclusion that he did."

    Outside the court Narayan said only that she was happy with the decision.

    http://news.ninemsn.com.au/national/8267857/no-jail-for-woman-who-set-husband-on-fire
 
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