Hacker Shown Mercy

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http://www.sky.com/skynews/article/0...457931,00.html

Hacker Shown Mercy
Updated: 13:13, Friday November 04, 2005

A computer hacker who helped to spread a global virus has been freed after his six-month prison sentence was reduced.

Andrew Harvey, 24, of Sherburn, County Durham, was jailed along with Jordan Bradley, 22, of Darlington, at Newcastle Crown Court on October 7.

The court had heard that they were part of a conspiracy which spread a "worm" to computers across the world.

At the Court of Appeal, judges decided to free Harvey immediately as a matter of mercy because of family problems.

Mrs Justice Rafferty said the sentencing exercise carried out by Judge Beatrice Bolton at the Crown Court was "unimpeachable".

But she went on: "However, this court cannot remain untouched by that which is in Mr Harvey senior's letter and by what we know, that the judge did not, which is that Mrs Harvey's condition has not improved.

"As a matter of clearly expressed mercy, and for no other reason, we quash the sentence of six months and substitute one of two months which, for the avoidance of doubt, is intended to secure this appellant's immediate release."

Newcastle Crown Court had heard that no great damage or destruction was caused by the worm, but it did have the capability to cause widespread disruption if Harvey and Bradley had chosen that course.

Bradley, who did not appeal against his three-month sentence, is understood to have been released under the electronic tagging scheme.