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Denmark: Eastern High Court Prosecutor v. Jackie Madsen,7 August 2012

Denmark: Eastern High Court Prosecutor v. Jackie Madsen,7 August 2012

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Published by HIV Justice Network
Delivered on August 7th 2012 by the Eastern High Court's 13th department

Prosecutor v. Jackie Madsen

Frederiksberg Legal verdict December 20th 2007 (...) is being appealed by the prosecution based on claim of acquittal of violation of Penal Code § 252 paragraph 2 (issue 2) and appeasement

Defendant has alleged alleviating circumstances.

High Court's reasoning and result

Since HIV could not, at the time of the crime is crime, be considered a life-threatening illness according to the Penal Code § 252, paragraph 2, the defendant is acquitted for issue 1 in accordance with the prosecution's claim on this matter.

As a result of this, the sentence is reduced to 6 months of imprisonment. In the decision of the sentence, the court has taken into account (put weight on) the amount of heroin and that the accused himself was a drug addict.

Moreover, the verdict is confirmed.

It is thus decided:

The District Court's judgment in the case against Jackie Madsen is altered so that he is punished by imprisonment for 6 months.

The Treasury must pay the costs of the High Court.




Delivered on August 7th 2012 by the Eastern High Court's 13th department

Prosecutor v. Jackie Madsen

Frederiksberg Legal verdict December 20th 2007 (...) is being appealed by the prosecution based on claim of acquittal of violation of Penal Code § 252 paragraph 2 (issue 2) and appeasement

Defendant has alleged alleviating circumstances.

High Court's reasoning and result

Since HIV could not, at the time of the crime is crime, be considered a life-threatening illness according to the Penal Code § 252, paragraph 2, the defendant is acquitted for issue 1 in accordance with the prosecution's claim on this matter.

As a result of this, the sentence is reduced to 6 months of imprisonment. In the decision of the sentence, the court has taken into account (put weight on) the amount of heroin and that the accused himself was a drug addict.

Moreover, the verdict is confirmed.

It is thus decided:

The District Court's judgment in the case against Jackie Madsen is altered so that he is punished by imprisonment for 6 months.

The Treasury must pay the costs of the High Court.




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Categories:Types, Business/Law
Published by: HIV Justice Network on Feb 12, 2013
Copyright:Attribution Non-commercial

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