HM Advocate v CH

Sentencing – Sexual offences against children. High Court of Justiciary: Allowing a Crown appeal against a cumulo sentence of 3 years and 9 months' imprisonment imposed on a respondent who pled guilty to charges of orally raping a young child and taking indecent photographs of a child, the court held that an appeal at the instance of the Lord Advocate based on the proposition that the sentencing judge's failure to impose an extended sentence resulted in a disposal which was unduly lenient was competent, and that the sentence imposed in this case was an unduly lenient one: the court substituted a sentence of 6 years' imprisonment in respect of the charge of oral rape and imposed a separate sentence of 24 months' imprisonment in respect of the charge of taking indecent photographs, to be served concurrently, but did not find it necessary to impose an extended sentence

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