McGill v HM Advocate; Harrison v Procurator Fiscal, Perth

Sentencing – Calculation of sentence – Curfew condition. High Court of Justiciary: Refusing appeals against sentence by two appellants who argued that credit should have been given for periods during which they were subject to curfew orders, the court held that in an appropriate case a court of first instance might justifiably regard the existence of a prolonged restrictive curfew having particular effects on a person as a mitigatory factor to which it could have regard in selecting the appropriate sentence, but the circumstances would have to be exceptional and in these two cases there was nothing of an exceptional nature.

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