McMurdo v HM Advocate

Criminal procedure/sentencing – Child pornography/ sexual offences against children. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was charged with having indecent photographs of children in his possession, the court rejected a contention that the sheriff had not directed the jury adequately on the burden of proof applicable to the statutory defence raised, however it quashed the extended element of the sentence on a charge of causing a 13-year-old girl to participate in sexual activity, the sheriff having provided very little specific justification for the selection of an extended sentence.

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