Neill v HM Advocate

Sentencing – Causing death whilst driving. High Court of Justiciary: In an appeal against sentence by an appellant who pled guilty to a charge of causing death by dangerous driving and was given a custodial sentence of 9 years (108 months), discounted from 9 years and 6 months, the court, substituting a custodial sentence of 92 months, held that, taking into account all the circumstances including mitigation, the appropriate headline sentence was a custodial sentence of 8 years 6 months' (102 months) and that the sentencing judge did not give full effect to the obvious benefits of the guilty plea, which merited a discount of 10% rather than 5%.

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