A NURSE who was allowed to walk free after indecently assaulting a vulnerable, mentally-ill patient, has been given a six-month jail sentence by Appeal Court judges.
The judges were told Rashid Hemmuth, 58, of Apple Way, Old Basing, was not present at Thursday's hearing because of his "extreme emotional state" at the possible outcome.
On September 3 last year at Guildford Crown Court, Hemmuth was given a one-year jail term, suspended for two years, and put on a supervision order for two years.
He had pleaded guilty to indecently assaulting a woman patient in summer 2000 who, because of her limited mental capacity, was unable to consent to sex.
At the Court of Appeal, Jonathan Laidlaw, representing the Attorney General, Lord Goldsmith QC, argued the sentence was "unduly lenient".
Mr Laidlaw claimed the offence was aggravated because of the woman's vulnerability, the fact Hemmuth was in a position of utmost trust and because the offence involved direct genital contact.
Hemmuth, who was of previous excellent character but later lost his job, had claimed he had been the victim and maintained the woman was the instigator and had coerced him into the offence.
He told the police he had gone into her room after she repeatedly complained of not being able to sleep.
He said she had touched him inappropriately and threatened to scream if events did not continue. He claimed he then "lost self-control" and sexual activity took place.
Mr Justice Poole said: "He said he was the victim and the only thing he had done wrong was to break his professional code."
Mr Justice Poole accepted the woman had consented to the offence, but did not accept a submission that Hemmuth was put in an impossible situation when she had threatened to scream.
Mr Justice Poole, sitting with Lord Justice Rose and Mr Justice McKinnon, agreed with Mr Laidlaw's assertion that the sentence was too lenient and ordered Hemmuth to surrender to the authorities to begin a six-month jail term.
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