JM v HM Advocate

Solemn procedure – Judge's charge – Prior inconsistent statements – Sentencing. High Court of Justiciary: In an appeal against conviction and sentence by an appellant who was convicted of five charges involving lewd and libidinous practices towards his three daughters from 1976 to 1990, the court rejected a contention that the trial judge had given the jury inadequate directions on the use to be made of prior inconsistent statements, however it held that the cumulative effect of the sentences imposed on the appellant, namely 10 years' imprisonment, was excessive, and it ordered that the sentence on one of the charges should run concurrently with the other sentences, thus reducing the totality to 6 years' imprisonment.

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