Nelson, Re Note Of Appeal Against Sentence [2007] ScotHC HCJAC_31 (08 May 2007)

Nelson, Re Note Of Appeal Against Sentence [2007] ScotHC HCJAC_31 (08 May 2007)

The sheriff erred in applying paragraph 60 instead of paragraph 42 of the Sexual Offences Act 2003 Schedule; as no person under 18 was involved, the appellant should not have been placed on the Sex Offenders Register.

Source-derived case information.

Citation
[2007] ScotHC HCJAC_31
Parties
Appellant: Andrew James Nelson; Respondent: Crown
Jurisdiction
Scotland
Judgment Date
08 May 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Public Indecency, Sexual Offences Register, Sentencing, Sexual Offences Act 2003
Criminal Law Public Indecency Sexual Offences Register Sentencing Sexual Offences Act 2003

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Summary, issues, holding and outcome

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Parties

Andrew James Nelson

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the appellant should have been placed on the Sex Offenders Register for an offence of public indecency

Ratio Decidendi

The sheriff erred in applying paragraph 60 instead of paragraph 42 of the Sexual Offences Act 2003 Schedule; as no person under 18 was involved, the appellant should not have been placed on the Sex Offenders Register.

Court Disposition

appeal allowed in part

Orders

  • Entry on the Sex Offenders Register quashed