Cornwall v Procurator Fiscal, Edinburgh [2011] ScotHC HCJAC_122 (24 November 2011)

Cornwall v Procurator Fiscal, Edinburgh [2011] ScotHC HCJAC_122 (24 November 2011)

The Sheriff was entitled to impose custodial sentences given the appellant's record and the seriousness of the offences, but a discount should have been applied for the guilty pleas, warranting a reduction in sentence.

Citation
[2011] ScotHC HCJAC_122
Parties
Appellant: Christopher Cornwall; Respondent: Procurator Fiscal, Edinburgh
Jurisdiction
Scotland
Judgment Date
24 November 2011
Procedural Posture
Appeal Against Sentence / Judgment on Appeal
Outcome
sentence partly reduced
Legal Topics
Sentencing, Discount for Guilty Plea, Concurrent Sentences, Custodial Vs Non Custodial Sentence
Criminal Law Sentencing Discount for Guilty Plea Concurrent Sentences Custodial Vs Non Custodial Sentence

Case Brief

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Parties

Christopher Cornwall

Appellant

Procurator Fiscal, Edinburgh

Respondent

Procedural Posture

Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether a non-custodial sentence should have been imposed instead of custody
  2. 2 Whether the length of custodial sentences was excessive
  3. 3 Whether a discount should have been applied for guilty pleas

Ratio Decidendi

The Sheriff was entitled to impose custodial sentences given the appellant's record and the seriousness of the offences, but a discount should have been applied for the guilty pleas, warranting a reduction in sentence.

Court Disposition

sentence partly reduced

Orders

  • Sentence of 12 months imprisonment reduced to 10 months imprisonment on the first complaint; no order on the second complaint.