Woman loses appeal on stabbing sentence

AN Oldham woman given an open-ended jail term for stabbing her cousin in a row over a man has failed in an appeal against her sentence.

Kelly Georgina Diveney (40) stabbed Nicola Butler on the doorstep of the victim’s home after a heated argument in May 2005. She ran off, leaving her cousin with an abdominal wound that damaged her stomach and liver.

Diveney, then of Urmson Street, Hathershaw, admitted wounding with intent and was jailed indefinitely in February 2006.

She has since been released on licence twice, but recalled after committing other crimes. She remains in prison.

In December she and 12 others went to the Court of Appeal to overturn their open-ended sentences. They claimed the terms — indefinite imprisonment for public protection — were Draconian, since they could effectively end up being life sentences. Only the Parole Board could order release - and the individuals are subject to immediate recall to prison if they commit other offences.

In the 10 years since being jailed, she has spent 11 years behind bars.

But on Friday, Lord Chief Justice Lord Thomas said the indeterminate sentences were justified.

Diveney had been shown to have a “tendency to violent and uncontrolled behaviour”, he told the court.

She had previous convictions dating back to the early 1990s for assaults, robberies and serious violence.

He continued: “The instant offence was very serious, involving the repeated use of a knife taken to the scene to inflict significant stab wounds. It was the kind of behaviour which could very easily have resulted in the death of the victim.”

Diveney will remain in jail until the Parole Board is convinced she is safe.