HM v HM Advocate

Sentencing – Historic sex abuse – Abuse of children by teenager – Sentencing of adult for offences committed whilst a child. High Court of Justiciary: Allowing an appeal against sentence by an appellant who was convicted at age 59 of three serious charges, namely lewd behaviour towards and rape of his younger sister and the rape of a younger cousin, the appellant being aged between 13 and 17 when the crimes were committed, the court concluded that having regard to the guidance given in Greig v HM Advocate,, the fact of the long intervening period of responsible adulthood and the assessment that there was a low need for public protection, the cumulo sentence of 9 years' imprisonment which the trial judge imposed was excessive; it quashed that sentence and imposed a cumulo sentence in respect of all three charges of 6 years' imprisonment.

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