IG v HM Advocate

Sentencing – Young offender. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to offences of assault, assault to severe injury and having in a public place an article with a blade or point, having taken a knife to school and injured another pupil with it during a fight when aged 13, the court held that the cumulo sentence of 15 months' detention, reduced to 12 months to reflect guilty plea, which the sheriff imposed was excessive, as he had failed to adequately balance his legitimate concerns against the positive elements in the Criminal Justice Social Work Report: the court quashed the sentence of detention and in its place imposed a Community Payback Order with a supervision requirement for 18 months.

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