Why Guede got his sentence reduced on appeal

The recent ruling in the appeal for Rudy Guede confirmed the conviction, but reduced the sentence to 16 years. The reduction thus far is believed to come from two things:

1. applying mitigating circumstances to Guede’s sentence, thus reducing his sentence by 6 years.  Originally Guede did not have mitigating circumstances applied, but then Knox and Sollecito got mitigating circumstances. Two of the mitigating circumstances argued for by the defense were age & no prior record.

2. Once Guede’s sentence got below 30 years, the benefit due to him for the fast-track trial took effect; this is 1/3 off the sentence after mitigating factors applied. 1/3 of 24 is 8 years, thus after the fast-track reduction the resulting sentence is 16 years.

One argument is that this actually brings Guede’s sentence in line with Knox & Sollecito’s; without the fast-track trial benefit, Guede would have a 24 year sentence, comparable to Sollectio’s 25 and Knox’s 26 years. The fast-track benefit due Guede is an automatic deduction within the italian system. Knox additionally had the defamation charge.

The judges final ruling in the appeal will specify what mitigating circumstances were applied and the full reason for the reduction.

References for Guede’s reduction in sentence:

Google translation of italian article

“Accused the judges decided to grant extenuating circumstances (denied in the first degree), equivalent to the aggravating making lighter sentence to be served in prison compared to those decided by the Gup Paolo Micheli. The magistrates have thus established the sentence in 24 years’ imprisonment, which was then reduced by one third (eight years). ”

Judges ruling (in italian):

http://www.diritto-oggi.it/archives/00046257.html

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