Court ‘frees’ transgender armed robber as she can’t be put in either male or female prison

A transgender armed robber who was sentenced to six months in prison has managed to avoid being put in prison as her lawyer argued that she could not be put in either male or female prison.

She was taken into custody but released after an hour as her barrister Rebecca Upton argued that as Le Fey did not have certified evidence of her gender reassignment, she would have to go to the male-only Lewes Prison.

Ms Upton told Lewes Crown Court that as prison rules meant that Le Fey could not be kept in solitary confinement, she would be a vulnerable prisoner, Brighton Argus reports.

She added: “The only way Le Fey could prove her new gender would be an ‘undignified examination’, one which court staff were not prepared to do.”

The 40-year-old threatened to hit manager Enoch Adetayo with the hammer when he challenged her as she tried to steal the alcohol on November 6, the court heard.

According to Ms Upton, Le Fey who lives in Brighton battled with drink and drug addictions and had been out of trouble since 2014 before a relapse last year.

Following Upton’s argument, Judge Stephen Mooney changed his mind and amended the sentence initially handed the convict.

“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.

“In light of this information I have come to the conclusion that in your particular case it allows me to hope for some form of rehabilitation,” the judge said.

Well, Le Fey who reportedly admitted to common assault and possession of an offensive weapon will not go completely scot-free. Her jail sentence has been suspended for six months and per the amended sentence, she must attend 30 rehabilitation sessions.

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