Russell v Procurator Fiscal, Falkirk

Sentencing – Community Payback Order ('CPO') – Breach of CPO. Sheriff Appeal Court: Allowing an appeal against sentence by an appellant who pled guilty to assaulting his wife and was made subject to a CPO, the sheriff then, following breach of the CPO, having revoked the order and sentenced the appellant to 5 months 15 days' imprisonment, of which one month was attributed to breach of the CPO, the court held that it was incompetent for the sheriff to sentence the appellant for breaching his CPO in addition to the sentence of imprisonment imposed for the offence itself.

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