Chalmers v HM Advocate

Sentencing – Murder – Life sentence – Punishment part. High Court of Justiciary: In an appeal against sentence in which the principal issue was the extent, if any, to which, when imposing a life sentence and fixing the punishment part, the sentencing judge should take account of the accused's conviction on another offence libelled on the same indictment, the court held that the sentencing judge correctly had applied s 2, as amended, of the Prisoners and Criminal Proceedings (Scotland) Act 1993, and gave guidance to sentencing judges when determining the punishment part where, in addition to being convicted of a charge in respect of which a life sentence was imposed, an accused person was also convicted of another charge on the same indictment.

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