A prosecution appeal against the leniency of the sentence given to a woman who killed her husband has been adjourned until Thursday.
It will give counsel representing the Attorney General and Anne Marie Gosling time to clear up a legal point relating to any treatment she may receive in a psychiatric hospital, after completing her prison sentence.
In April, 50 year-old Mrs Gosling, from Ramsey, admitted the manslaughter, due to diminished responsibility, of her boyfriend.
She was was jailed for four and a half years but could be released, under licence, as soon as January 2007.
Graham Bell reports (audio file attached):
Mrs Gosling is serving her sentence at a prison in the North East of England and the legal point which led to the adjournment centres on whether she should be considered an English prisoner or a Manx one.
This is significant because there is big difference between Isle of Man and English law when it comes to provision for psychiatric treatment of prisoners who are considered mentally ill when they reach their release date.
Stuart Neale, for the Attorney General, described Mrs Gosling as "a woman who posed a risk of death or serious injury to anyone with whom she had a relationship" ...... unless her underlying psychiatric and psychological circumstances were dealt with.
Basically, under Manx law she must be transferred to a hospital while she is serving her sentence and if she is considered a Manx prisoner the Attorney General must act now if he wants to avoid her being released into the care of a probation officer next January.
Mr Neale reminded the court the judge who sentenced Mrs. Gosling told her she would be transferred to a hospital when her sentence finished and a doctor said a number of years of treatment would be needed.
But it now seems that can only happen if she is considered an English prisoner.
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