Sentencing and Covid-19 – the Crown sentence appeal in HM Advocate v Lindsay

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Abstract

Examines HM Advocate v Lindsay (Iain) (HCJ Appeal), a Crown appeal, as unduly lenient, against a sentence of four months' imprisonment, reduced from six months to reflect a guilty plea, imposed on a man who was charged with culpably and recklessly coughing in the faces of two police officers while he was at the charge bar. Notes the court's disapproval of awarding "enhanced" sentence discounts and its consideration of the effect of the pandemic on the prison regime.
Original languageEnglish
Pages (from-to)4-7
JournalGreens Criminal Law Bulletin
Issue number166
Publication statusPublished - 2020

Keywords

  • Coronavirus
  • Culpability
  • Pandemics
  • Prison conditions
  • Reduction of sentence
  • Scotland
  • Undue leniency

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