Little v HM Advocate

Sentencing – Sentence discounting – Level of discount afforded for plea of guilty. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty within days of his first appearance on petition to an offence of culpably and recklessly throwing paving stones at the window of a neighbour's house, the circumstances of the offence including fact that a large paving stone which he threw through the living room window of the house narrowly missed the householder's 10-year-old son, the court held that in selecting a headline sentence of 30 months' imprisonment, which she restricted by about 25% in light of the guilty plea, resulting in a sentence of 22 months, the sheriff misdirected herself in taking account of the aggravating feature of the complainer's age as a factor restricting the level of discount to be afforded, and in treating the strength of the Crown case as a factor influencing the amount of discount to be permitted; it substituted a sentence of 30 months' imprisonment restricted in light of the early plea to 20 months.

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