The statutory offence of sexual abuse of trust: sentencing principles and practice

Considers Malcolmson (Kieran) v HM Advocate (HCJ Appeal), an appeal by a secondary school teacher, who had been convicted of two charges of engaging in sexual activities with female pupils, against the imposition of concurrent custodial sentences of 15 months and six months. Reviews the submissions to the court on the principles which should govern sentencing cases of this type. Discusses the principles regarding citation of domestic and comparative authority, including English sentencing guidelines, in appeals against sentence.