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A pregnant mother-of-seven who stabbed a friend in a "drink and drug-fuelled rage" has been spared a jail sentence today thanks to the Human Rights Act.
A court heard that if Jacqueline Rolfe – who is expecting her eighth child in September – was sent to prison, her children would suffer.
Article 8 of the Act requires a sentencing judge to balance the need for punishment with the detrimental effects on "innocent" family victims.
So despite being convicted by a jury at Canterbury Crown Court of wounding her friend Jade Williams with intent to cause grievous bodily harm, 28-year-old Rolfe has kept her liberty with a suspended sentence.
The knife attack took place last December while three of her children were in a nearby bedroom at the family home in Norfolk Road, Cliftonville.
During the evening, Rolfe and her victim had drunk "a great deal of alcohol and cocaine" before starting an argument with her lover Sam O'Brien, who is Ms Williams' brother.
They returned home in the early hours of the morning when Rolfe woke up her partner of six years, who then became suspicious she had been cheating on him.
The jury heard the argument continued until Mr O'Brien left the house and called Rolfe, "making her even more agitated".
It was then that the furious Rolfe "lost control" and began smashing a window and a vase and throwing furniture and toys around the house.
Ms Williams pleaded with her friend to calm down as three of the children - the youngest aged just one - were upstairs.
Rolfe took a second call, which "exacerbated the situation" and then she began emptying drawers in the kitchen.
Ms Williams told police in a statement that her friend "then flew at me" and she felt a punch below the ribcage, which turned out to be a stab wound.
Rolfe stepped back and her friend realised she was holding a six-inch kitchen knife – which she later used to slash her own wrists.
"You, in an alcohol and drug-fuelled rage, stabbed a person with a knife in a location where children were in close proximity..." - Judge Heather Norton
The court heard despite bleeding from her chest wound, Ms Williams led the distressed children – who had "clearly heard and possibly seen what had happened" - to safety before going to hospital.
After Rolfe was charged, Ms Williams tried to retract her statement saying she had forgiven her attacker.
And when she appeared as a witness at the trial she initially refused to answer questions until she was warned she could be in contempt.
Rolfe, who admitted possessing class A drugs, denied wounding but was found guilty by the jury.
She said that although she had a drink problem many years ago it had been the first time in two years she had taken alcohol and had never done cocaine before.
Alistair Richardson, defending, said the family had suffered bereavements and tragedy and three of the children needed special care.
He said: "Friends describe her as a caring, loving mother. She was somebody who was suffering from difficulties herself at the time, including post-natal depression."
Judge Heather Norton gave Rolfe a two-year jail sentence suspended for two years and ordered her to remain at her home wearing an electronic tag between 8 pm and 7am for the next six months – although she will be allowed to give birth in hospital.
She told her: "You, in an alcohol and drug-fuelled rage, stabbed a person with a knife in a location where children were in close proximity.
"Nevertheless this case presents me a very difficult sentencing exercise indeed. After hearing all the evidence I have concluded this was not premeditated and the intention was formed on the spur of the moment and one in which you regretted afterwards.
"Your victim, in a letter sent to me, makes it clear that she wants to support and not to harm you. This was a single, shallow wound and the attack was out of character.
"You have also shown remorse through a letter which you have sent to me."
The Judge added the Human Rights Act meant that although the crime was serious and needed punishment, the detrimental effects of a jail sentence on "innocent victims" had to be taken into consideration.