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"We are disappointed that there has been a reduction in the sentence but are glad that the Court of Appeal has agreed that the original conviction for a Category B offence was valid and the custodial sentence stands," the family said in a statement.

At the Court of Appeal on Tuesday, her barrister said the sentence should be reduced, adding the case concerned a "lapse of concentration".

The AGO said it was still within the statutory 28-day period for referrals to the Court of Appeal.

If the Attorney General and Solicitor General agree the sentence appears unduly lenient, they can ask the Court of Appeal to review it.

The 9th Circuit Court of Appeal will listen today to administration lawyers argue that deploying the National Guard over the objections of a sitting governor is constitutional.