Buchan v Procurator Fiscal, Perth

Sentencing – Road traffic offences – Drink driving. Sheriff Appeal Court: In an appeal by an appellant who pled guilty to a charge of drink driving and was sentenced to 12 months' imprisonment and disqualified for 9 years, discounted to 8 months' imprisonment and 6 years' disqualification to reflect the guilty plea, the court allowed the appeal against the imposition of a custodial term of 8 months as the maximum sentence available to the sheriff in respect of the offence under s 5(1)(a) of the Road Traffic Act 1988 was 6 months, but refused the appeal against the imposition of a custodial sentence and substituted and a period of 4 months' imprisonment, duly discounted from a headline sentence of 6 months; it further held that the period of disqualification of 6 years fell to be increased by the appropriate extension period in terms of s 35C(2) of the Road Traffic Offenders Act 1988, ie a period equal to half the sentence of imprisonment, namely 2 months.

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