Fleming v. Her Majesty's Advocate [2001] ScotHC 120 (07 December 2001)

Fleming v. Her Majesty's Advocate [2001] ScotHC 120 (07 December 2001)

The maximum extension period was not appropriate in this case; a 3-year extension period would adequately protect the public and meet the statutory purpose of section 210A.

Source-derived case information.

Citation
[2001] ScotHC 120
Parties
Appellant: Wayne David Fleming; Respondent: Her Majesty's Advocate
Jurisdiction
Scotland
Judgment Date
07 December 2001
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
extension period reduced; sentence partially quashed and substituted
Legal Topics
Extended Sentence, Assault and Robbery, Firearms Offences, Sentencing Guidelines
Criminal Law Extended Sentence Assault and Robbery Firearms Offences Sentencing Guidelines

Source-derived case record

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Parties

Wayne David Fleming

Appellant

Her Majesty's Advocate

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the extension period of 5 years imposed as part of the extended sentence was excessive under section 210A of the Criminal Procedure (Scotland) Act 1995

Ratio Decidendi

The maximum extension period was not appropriate in this case; a 3-year extension period would adequately protect the public and meet the statutory purpose of section 210A.

Court Disposition

extension period reduced; sentence partially quashed and substituted

Orders

  • The extension period of 5 years is quashed and substituted with a period of 3 years, making the total extended sentence 11 years.