IN PETITION TO THE NOBILE OFFICIUM v. BY WILLIAM MOSCROP [1999] ScotHC 70 (17th March, 1999)

IN PETITION TO THE NOBILE OFFICIUM v. BY WILLIAM MOSCROP [1999] ScotHC 70 (17th March, 1999)

The imposition of the maximum custodial sentence for breach of a supervised attendance order, where the original order was for the minimum period and no part of it was completed, was excessive. An alternative disposal, such as increasing the hours of attendance, was competent and more appropriate in the circumstances.

Citation
[1999] ScotHC 70
Parties
Petitioner: William Moscrop; Respondent: Solicitor General
Jurisdiction
Scotland
Procedural Posture
Petition to the Nobile Officium / Appellate Review of District Court Sentencing
Outcome
Sentence of imprisonment quashed; additional supervised attendance imposed; order for payment of back duty restored.
Legal Topics
Supervised Attendance Order, Imprisonment for Breach of Order, Excessive Sentencing, Vehicle Excise and Registration Offence
Criminal Law Sentencing Supervised Attendance Order Imprisonment for Breach of Order Excessive Sentencing Vehicle Excise and Registration Offence

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Parties

William Moscrop

Petitioner

Solicitor General

Respondent

Procedural Posture

Petition to the Nobile Officium / Appellate Review of District Court Sentencing

Legal Issues

  1. 1 Whether the imposition of the maximum custodial sentence for breach of a supervised attendance order was excessive
  2. 2 Whether an alternative disposal should have been considered

Ratio Decidendi

The imposition of the maximum custodial sentence for breach of a supervised attendance order, where the original order was for the minimum period and no part of it was completed, was excessive. An alternative disposal, such as increasing the hours of attendance, was competent and more appropriate in the circumstances.

Court Disposition

Sentence of imprisonment quashed; additional supervised attendance imposed; order for payment of back duty restored.

Orders

  • Quash sentence of 60 days imprisonment
  • Impose additional 10 hours supervised attendance (total 20 hours)