Hanley v HM Advocate

Criminal law and evidence – Attempt to pervert course of justice – Relevancy of charge – Sufficiency of evidence. High Court of Justiciary: In an appeal by an appellant who was convicted of attempting to pervert the course of justice the court rejected contentions that in the absence of an averment that steps were taken in furtherance of the instructions the appellant gave, which engaged the course of justice in the form of an attempt to influence a witness, the charge was irrelevant, and that even if it was relevant there was insufficient evidence of an overt act: furthermore the 4 year prison sentence the trial judge impose was not excessive; however the sentence should have been backdated to an earlier date than the date of conviction.

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