Ryan v Procurator Fiscal, Aberdeen

Sentencing – Benefit fraud – Incapacity benefit. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to a charge of obtaining incapacity benefit of £13,000 to which he was not entitled and was sentenced to 5 months' imprisonment, the court having concluded that the sheriff's approach to the question of whether an alternative to custody could and should be considered and whether in fact such an alternative was realistically available was flawed, quashed the sentence of imprisonment and substituted a probation order for 12 months subject to the condition that the appellant would undertake 200 hours of unpaid work.

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