Ohara v HM Advocate

Sentencing – Young offender – Threatening or abusive behaviour/ assault/ sexual assault. High Court of Justiciary: Allowing an appeal against sentence by an appellant who was convicted at the age of 19 of charges of threatening or abusive behaviour, common law assault and assault with intent to rape, committed when he was aged 17, and who was sentenced to a term of detention of 4 years with 4-year extension period, the court held that the sheriff had erred in that when considering the question of risk she had not given due weight to the fact that the appellant had not offended between the date of the offences and the date of sentencing, and she had given insufficient weight to his youth. The court therefore quashed the sentence imposed by the sheriff and substituted the following sentences, to be served concurrently: in respect of charge 1, 12 months' detention; in respect of charge 2, 2 years' detention; and in respect of charge 3 an extended sentence with a custodial term of 2 years; and an extension period of a further 2 years.

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