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Russia-Ukraine war
SBNA
The judge said "simple humanity" meant he had to give Olga Khomenko a suspended jail sentence
A mother convicted of abducting her daughter has had her two year prison
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A mother convicted of abducting her daughter has had her two-year prison
sentence suspended so she can try to rescue the girl from war-torn Ukraine.
The court heard Khomenko, a Ukrainian national, took her daughter out of the
UK in 2017 in breach of a court order.
Judge Michael Kay QC, said he had "never known a sentencing exercise in
which the issue of saving a child in a foreign country" had been a factor.
The judge said "simple humanity" informed him that the only appropriate
sentence would be one which was suspended.
The court heard there had been an acrimonious breakdown between the
child's father and mother.
Prosecutor Rebecca Fairbairn told the court the defendant was arrested after a
European Arrest Warrant was issued in 2019.
In a victim impact statement the child's father said the defendant's actions had
left him in "severe distress".
SBNA
Judge Michael Kay QC said the sentence he handed down was a "one off" in a "unique situation"
Defence barrister Stephen Vullo QC asked the judge to suspend any sentence
because his client was the child's best chance of escaping the war in Ukraine.
He told the court the girl was living with her grandmother "within earshot of
missiles raining down".
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3/11/22, 6:53 PM Ukrainian mother freed by St Albans judge to try to rescue daughter - BBC News
In his sentencing remarks, Judge Kay said the court was faced with an
"extraordinary situation" where there was a mother in this country and a child
in Ukraine in a war-zone.
He added: "It's a decision that I'd be amazed if any crown court has made
before.
The judge said the sentence he handed down was a "one-off" in a "unique
situation".
"If there is any chance of the child being saved the court must take it," he
added.
At the end of the sentence hearing, the judge said he wished the defendant
"every success" in trying to get her daughter out of Ukraine.
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