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Parliament debate on tougher sentencing powers inspired by Dartford mum Gemma Robinson who took own life after abuse by Joseph Falconer

By: Matt Leclere mleclere@thekmgroup.co.uk

Published: 16:19, 26 May 2021

Updated: 16:51, 26 May 2021

A campaign to give tougher sentences to abusive partners inspired by the memory of a mum-of-two has been raised in parliament.

Gemma Robinson, from Dartford, took her own life last year before her abuser Joseph Falconer was sentenced. The 34-year-old said she could not face him in court.

Gemma Robinson sadly took her own life before Falconer was jailed

The issue has been raised by Dartford MP Gareth Johnson to change the law to extend the scope of the Unduly Lenient Scheme (ULS) which would provide tougher sentences for more crimes.

Despite being described by a judge as "dangerous, jealous and controlling", bullying lover Falconer received three-and-a-half years in prison in February after being convicted for malicious wounding, fraud and causing criminal damage at trial at Maidstone Crown Court.

The Section 20 malicious wounding charge is not covered by the ULS but a charge of causing grievous bodily harm, which is, was dropped by the Crown Prosecution Service.

mpu1

Gemma's devastated family said she had missed out on justice and her father Tony, pledged to appeal the sentence.

But Mr Johnson's office told them there was no power to appeal the decision and the MP has now taken up the case to broaden the range of crimes covered.

Gemma Robinson's sister Kirsty Robinson and her dad Tony Robinson with a photo of her outside Maidstone Crown Court following Falconer's sentencing in February which they said was not justice for Gemma

During the debate at Westminster Hall yesterday, Mr Johnson said: "Gemma was attacked in 2019 by her partner, Joseph Falconer, in the most despicable manner.

"He had previously assaulted her and was subject to a restraining order but had tricked or cajoled his way back into her life and into her home.

"This young lady was described as the life and soul of any party, yet she was mercilessly beaten by Falconer until her eye socket was fractured and her tooth punched through her lip.

"She was then spat on by him before he left the house and, in the final insult, he completely cleared her bank accounts.

"Gemma’s family understandably felt the sentence was insufficient and they contacted my office.

mpu2

"Only at that stage were they made aware there was no power to appeal. Gemma Robinson's family feel totally let down by the system and they are not alone.”

Joseph Falconer has been locked up for three years and four months

Alex Chalk, the Parliamentary Under-Secretary of State for Justice, said the scheme is under review "to ensure that justice can be done" and pledged to keep it under review.

Speaking after the debate, Gemma’s sister, Kirsty Robinson, who has been campaigning for justice for her sister, said: “I would like to thank Gareth Johnson for raising my sister’s case today in Westminster Hall and for his perseverance and persistence about the unduly lenient sentencing for Gemma and other victims of domestic abuse.

"I know this is challenging and also a very sensitive subject to discuss. Gareth has managed to highlight my sister’s case extremely well and I'm delighted with how this has been presented.

Gemma with her sister Kirsty, who says the debate raised vital points which needed to be addressed for victims of domestic abuse
Gemma Robinson died aged 34
Dartford mum Gemma's devastated family have been fighting for tougher sentencing powers

“I hope that the powers that be, listen to all the cases that were debated today and permit a review of the ULS scheme with all of what was debated today, which will allow the changes that are needed to be done in order to make the ULS scheme more robust so that no other families will have to go through such an unfair process of injustice as our family have.”

The debate, which featured speakers from across political parties highlighting cases from their own constituents, also heard demands to create a more flexible scheme than the 28-day challenge on sentences.

Mr Johnson said: “This debate came about following the tragic death of Gemma Robinson. Her family understandably believe justice has not been served in her case.

“We need to allow people who suffer vicious assaults, such as the one Gemma suffered, to be able to appeal when sentences are unduly lenient.”

For confidential support on an emotional issue, call Samaritans on 116 123 at any time or click here

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