A man is sentenced to seven years in prison after falsely being convicted of murder. It later transpires that the victim is still alive. Can the convict be sentenced again if he kills the `victim' after he is released from prison?
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Answer / Divakar Rao
If a person has been wrongfully convicted and subsequently released, they should not be re-sentenced for a crime they did not commit, even if they later commit the same offense. The fact that the original conviction was based on false evidence would likely mean that any subsequent sentencing would be unjust and unconstitutional.
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