Graham v HM Advocate [2016] ScotHC HCJAC_58 (30 June 2016)

Graham v HM Advocate [2016] ScotHC HCJAC_58 (30 June 2016)

The sentence of 7 years was excessive given the appellant's limited custodial history, some insight into his actions, and the fact that the actual harm was averted; a sentence of 5 years is appropriate.

Source-derived case information.

Citation
[2016] ScotHC HCJAC_58
Parties
Appellant: Christopher Graham; Respondent: Her Majesty’s Advocate
Jurisdiction
Scotland
Judgment Date
30 June 2016
Procedural Posture
Appeal Against Sentence / Judgment on Appeal
Outcome
sentence quashed and substituted
Legal Topics
Arson, Sentencing, Appeal Against Sentence
Criminal Law Arson Sentencing Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christopher Graham

Appellant

Her Majesty’s Advocate

Respondent

Procedural Posture

Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence of 7 years imprisonment for arson was excessive

Ratio Decidendi

The sentence of 7 years was excessive given the appellant's limited custodial history, some insight into his actions, and the fact that the actual harm was averted; a sentence of 5 years is appropriate.

Court Disposition

sentence quashed and substituted

Orders

  • Sentence of 7 years imprisonment quashed
  • Sentence of 5 years imprisonment substituted