Her Majesty's Advocate v. Tracey [2007] ScotHC HCJ_14 (20 November 2007)

Her Majesty's Advocate v. Tracey [2007] ScotHC HCJ_14 (20 November 2007)

The function of the jury is limited to determining whether the Crown has proved the charge; mitigation of sentence is exclusively for the judge. It is not competent for the jury to add a rider to its verdict recommending leniency or making findings relevant to mitigation. Any such practice trespasses on the judicial function and is inconsistent with principle.

Citation
[2007] ScotHC HCJ_14
Parties
Prosecutor: Her Majesty's Advocate; Accused: Christopher Thomas Tracey
Jurisdiction
Scotland
Judgment Date
20 November 2007
Procedural Posture
Criminal / Post Trial Opinion Following Jury Trial, Prior to Sentencing
Outcome
Plea of guilty as libelled accepted; case adjourned for sentencing.
Legal Topics
Unlawful Sexual Intercourse With a Minor, Jury Verdicts and Riders, Mitigation of Sentence, Function of Judge and Jury
Criminal Law Unlawful Sexual Intercourse With a Minor Jury Verdicts and Riders Mitigation of Sentence Function of Judge and Jury

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Parties

Her Majesty's Advocate

Prosecutor

Christopher Thomas Tracey

Accused

Procedural Posture

Criminal / Post Trial Opinion Following Jury Trial, Prior to Sentencing

Legal Issues

  1. 1 Whether a jury may add a rider to its verdict recommending leniency or making findings relevant to mitigation
  2. 2 Whether mitigation is a matter for the jury or the judge
  3. 3 Proper procedure following a plea of guilty and subsequent recording of a not guilty plea

Ratio Decidendi

The function of the jury is limited to determining whether the Crown has proved the charge; mitigation of sentence is exclusively for the judge. It is not competent for the jury to add a rider to its verdict recommending leniency or making findings relevant to mitigation. Any such practice trespasses on the judicial function and is inconsistent with principle.

Court Disposition

Plea of guilty as libelled accepted; case adjourned for sentencing.

Orders

  • Adjourned for social enquiry report prior to sentencing.