271 Monday's Court Hearing - Part 8
Monday, continued …
"However, given that Mr and Madam Lu have only had the weekend to obtain the report, I can excuse this.If contrary evidence does co to light, this matter will be brought back imdiately before , and Mr Lu will be sentenced to a term of imprisonnt, the ti he had served by way of ho detention will not count towards any period of detention.Saying that, the penalties that I am imposing in terms of imprisonnt/Ho detention are:
? For Mr Lu, he will serve via way of ho detention a sentence of 16 weeks; and
? For Madam Lu, she will serve via way of ho detention a sentence of 8 weeks.
If Mr Lu had served a period of imprisonnt, I would have required him to serve 6 weeks and for Madam Lu I would have required her to serve 4 weeks.The only reason they are not serving more ti is their agreent to this sentence and there not being any other criminal convictions for them and the reason neither are being required to serve that term, relates to the dical evidence surrounding Madam Lu and the risks to her pregnancy, and the impact on her pregnancy of Mr Lu serving a term of imprisonnt.During the term of ho detention, the following conditions apply to both Mr Lu and Madam Lu:
? Unless for the purpose of a dical appointnt for Madam Lu or a health ergency that cannot be treated by a doctor in their ho, for the period of ho detention neither are permitted to leave their residence.
? All visitors, including family, except for ergency dical treatnt must be approved in advance by the prison authorities, and such visits can only occur at pre-approved tis.
? All staff at the Lu's residence
o must undergo searches before and after leaving the residence.
o Must be confird as being suitable people by Thursday this week to be in the ho
o Any new staff appointed in that ti must be pre-approved by the prison authorities
? Both Mr Lu and Madam Lu willbe required during the period of their ho detention to wear a monitoring device, at their expense
? The Lu's must pay for guards approved by the prison authorities to monitor 24 hours a day, 7 days a week, until the term of Mr Lu's ho detention ends, all entrances/exits to their property.
? The Lu's have the following restrictions on their behaviour:
o All visitors must be pre-approved by prison authorities, including the tis of their visits
o All dical appointnts must be cleared by prison authorities
o They cannot during the ti of ho detention access social dia and the internet, their telephone calls will be monitored, their correspondence will be read by the prison authorities.
o Unless in the case of a dical ergency, all telephone calls that they make must be pre-arranged with prison authorities
o Their agree that their financial accounts and records are monitored.
o They will accept visits three tis per week from prison authorities at any ti to monitor their compliance
o They are banned from any contact with the dia during the period of their ho detention and Madam Lu upon completing her period of ho detention is further banned from talking to the dia about Mr Lu's detention.
? Further any breach of the conditions or other penalties imposed results in the following:
o Mr Lu to serve the remaining ti of ho detention as a term of imprisonnt imdiately
o Madam Lu, upon her child reaching the age of 3 months will serve the balance of any ti of ho detention in prison"
"When she completes her period of ho detention, Madam Lu, will have freedom to co and go from her residence, but she cannot take in mobile communications devices or do anything that tries to defeat the terms of Mr Lu's ho detention.If she does do so, she will face 6 weeks imprisonnt for each and every breach upon her child turning three months of age."
"This sentence and the conditions balance all competing views and take into account the dical evidence.The Court will provide a sanitised version of the plea and penalties imposed, along with a copy of all the terms of the order of protection for Madam Hou within three hours.The latter is done to ensure that it will be complied with."
"There will be a comnt that indicates ho detention was imposed based around dical evidence rather than requiring the term of imprisonnt to be served in a jail but confirm that the evidence will not be released.This information will also make is clear the penalties on the parties for non-compliance and those the dia will face if they assist in breaching those terms."
"Any comnts gentleman?"
Reviews
All reviews (0)