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The Attorney General is unable to review the suspended sentence of a religious studies teacher convicted of having sex with a 16-year-old student because his crimes are not included in the "unduly lenient" sentence scheme.
Stuart Kerner, 44, from Aylesford, Kent, was found guilty of two counts of sexual activity with a child by a person in a position of trust and was given a suspended 18-month sentence by Judge Joanna Greenberg QC.
The judge said it was clear his 16-year-old victim was ''obsessed'' with the teacher, prompting complaints to the Attorney General's Office, which initially said it would consider whether to refer the sentence to the Court of Appeal.
But an AGO spokeswoman said: "After a number of complaints, we carefully considered whether Stuart Kerner's sentence could be referred to the Court of Appeal for being too low - as part of the 'unduly lenient sentence scheme'.
"Mr Kerner's crimes are not included in this scheme, meaning the law officers are unable to refer this.
"However, it's important that the public can challenge what they believe to be exceptionally low sentences. We have been looking at whether the scope of the current scheme is right."
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The Attorney General is to investigate whether the sentencing of a former religious studies teacher who walked free from court after being convicted of repeatedly having sex with a student should be reviewed.
Stuart Kerner, 44, of Aylesford in Kent, was handed a suspended 18-month sentence by Judge Joanna Greenberg QC, sitting at Inner London Crown Court, who said it was clear his 16-year-old victim was "obsessed" with him.
The Attorney General's Office wrote on its Twitter page:
AGO have received complaints about Stewart Kerner sentence and will consider whether to refer to Court of Appeal under ULS scheme
Stuart Kerner's sentence will be considered. Decision due by 11 February (note amended spelling of first name)
Stuart Kerner had sex with the girl at school and at his home when she was 16 in the same week his wife miscarried their second child.Read the full story ›