McCormick v HM Advocate

Sentencing – Young offender – Sexual assaults on children. High Court of Justiciary: Allowing an appeal against sentence by an appellant who was convicted at the age of 17 of two serious sexual offences, committed against two boys between the ages of 7 and 11 when he himself was between the ages of 14 and 15, and who was sentenced to 6 years' detention, the court held that the trial judge had erred in that she did not appear to have considered the welfare of the child offender and the need to facilitate rehabilitation and reintegration into society, and also in concluding that this was not a case where an extended sentence was necessary: the court therefore quashed the sentence imposed by the trial judge and substituted a custodial term of 5 years with an extension period of 3 years.

Category: