McHugh v Procurator Fiscal, Airdrie

Sentencing – Sexual Offences Act 2003 – Notification requirements. High Court of Justiciary: Refusing an appeal by an appellant who pled guilty to an offence of threatening or abusive behaviour involving obtaining clandestine access to an intimate photograph on the complainer's mobile showing her naked private parts and transmitting it electronically to a third party, the court held that the sheriff was entitled to find that there was a 'significant sexual aspect' to the offence, which meant that the appellant became subject to the notification requirements in the Sexual Offences Act 2003.

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