Boath v HM Advocate

Solemn procedure – Defective representation – Identification evidence – Sentencing. High Court of Justiciary: In the case of an appellant who was convicted of charges of assault and robbery, the court rejected an appeal against conviction on the ground of defective representation in the preparation for trial, and the contention that the appellant's solicitors and counsel failed to carry out the necessary pre-trial investigations, including commissioning reports relative to CCTV and DNA evidence, however it allowed an appeal against sentence as the advocate depute had misled the trial judge about one the appellant's previous convictions and the judge had referred to his sentence including 'bail aggravation', which the appellant had not been charged with, and it substituted a sentence of 7 years' imprisonment for one of 9 years.

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