We might want to chalk this incident up to “Ripley’s Believe It or Not,” concerning the perplexing sentencing guidelines in merry-old-England, that seemed to confuse a British judge last Tuesday, when he was unable to figure out if the criminal defendant scheduled for sentencing before him, was either a male or female.
Faced with that mind-numbing dilemma of whether to send the criminal to a male or female prison facility, the bewildered judge decided to give the transgender thug a “suspended sentence,” in lieu of the prescribed jail time.
The defendant, who goes by several different aliases, including Leila Le Fey, Layla Le Fey, Adam Hodgson and Marcus Smith, pleaded guilty in Lewes Crown Court to common assault and possession of an offensive weapon.
According to court records the 40-year old defendant was charged in November stemming from an incident in Brighton, England, in which Ley Fey attempted to steal a wine bottle from a liquor store, while threatening the store manager with a claw hammer, after the manager stepped in and attempted to stop Ley Fey from running off with the bottle.
Judge Stephen Mooney, condemned Le Fey’s action as “inexcusable behavior” and handed down a six-month prison sentence, however Le Fey’s attorneys cleverly criticized the judge’s ruling arguing that their client was a woman, and sentencing “her” to a male prison facility would endanger his client’s wellbeing if incarcerated with men.
Defense lawyer Rebecca Upton told the court that Le Fey had undergone sex reassignment surgery but had not yet obtained a “gender recognition certificate.”
Which according to British law, transgender individuals who self-identify as either male or female, must do so for at least 2-years in order to be legally acknowledged as a transgender individual. After two years the individual will receive a certificate from the government recognizing whatever gender status chosen.
However without certification, Upton concluded the only way to confirm Le Fey’s “womanhood” would be to require a physical examination, which the court wasn’t prepared to do at sentencing.
Thus without an actual physical examination, the Lewes Crown Court staff could not confirm Le Fey’s gender, Judge Moony decided at that point, to reverse is own sentencing, an hour after he sentenced Le Fey to 6-months in prison, instead the judge gave Le Fey a 6-month suspended sentence.
The befuddled judge attempted to explain the perplexing situation from the bench stating; “Issues have now arisen. “We live in a society which acknowledges and embraces diversity and allows and encourages people to live the life they want to. Sometimes society does not make the necessary or appropriate adjustments in all ways it can to reflect the adjustments of society as a whole.”
Adding, “There are circumstances where it can be regarded as disproportionate in a society that acknowledges diversity but has a lack of resources otherwise to deal with it. Having reflected again upon the impact an immediate custodial sentence would have, the difficulties there are and the intractable problems the prison service would face, I have reconsidered whether imprisonment must be immediate.”
One wonders what prevailing issue stopped the judge from postponing the sentencing, and ordering a physical examination by a physician.
The question is, “did Leila Le Fey get away with avoiding prison? Of course!
Police records shows that Le Fey is a clever career criminal with over 50 previous convictions, including three for brandishing a knife public, shoplifting and low-level violence.