Her Majesty's Advocate v. Murray (Known As Keiran Kerrigan) [2008] ScotHC HCJ_01 (19 February 2008)
Where the factual basis for mitigation is disputed by the Crown, the sentencing judge cannot accept it ex parte and must offer proof in mitigation; if the accused declines, sentencing proceeds on the basis that the accused's involvement was not limited to providing a safe house.
- Parties
- Prosecutor: Her Majesty's Advocate; Accused: Mark Devlin Murray known as Kieran Kerrigan
- Jurisdiction
- Scotland
- Judgment Date
- 19 February 2008
- Procedural Posture
- Criminal / Sentencing Opinion Following Guilty Plea
- Outcome
- Opinion issued; sentencing to proceed on basis accused's involvement was not limited to providing a safe house.
- Legal Topics
- Drug Offences, Sentencing, Mitigation, Proof in Mitigation
Case Brief
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Parties
Her Majesty's Advocate
Prosecutor
Mark Devlin Murray known as Kieran Kerrigan
Accused
Procedural Posture
Criminal / Sentencing Opinion Following Guilty Plea
Legal Issues
- 1 Appropriate factual basis for sentencing when plea in mitigation is disputed by Crown
- 2 Role of proof in mitigation in sentencing
- 3 Extent of accused's involvement in drug supply
Ratio Decidendi
Where the factual basis for mitigation is disputed by the Crown, the sentencing judge cannot accept it ex parte and must offer proof in mitigation; if the accused declines, sentencing proceeds on the basis that the accused's involvement was not limited to providing a safe house.
Court Disposition
Opinion issued; sentencing to proceed on basis accused's involvement was not limited to providing a safe house.
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