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Solemn procedure – Defective representation – Misdirection – Sentencing. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was found guilty of abducting his 11 year old son, the court rejected contentions that a miscarriage of justice had occurred as a result of defective representation, that the defence of necessity should have been argued at the trial, and that the sheriff had a duty to direct the jury on the question of lawful authority despite counsel conceding that that defence was not being advanced, however it upheld a submission that the 2-year custodial sentence imposed on the appellant excessive and substituted one of 9 months.
Solemn procedure – Defective representation – Misdirection – Sentencing. High Court of Justiciary: Refusing an appeal against conviction by an appellant who was found guilty of abducting his 11 year old son, the court rejected contentions that a miscarriage of justice had occurred as a result of defective representation, that the defence of necessity should have been argued at the trial, and that the sheriff had a duty to direct the jury on the question of lawful authority despite counsel conceding that that defence was not being advanced, however it upheld a submission that the 2-year custodial sentence imposed on the appellant excessive and substituted one of 9 months.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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