SS v HM Advocate

Sentencing – Assault – Shaken baby. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to assaulting his infant son by repeatedly shaking him to his severe injury and permanent impairment and was sentenced to 7 years and 6 months' imprisonment, the court held that the starting point of 10 years the sentencing judge selected was excessive when compared with previous decisions of the appeal court and one of 7 years' imprisonment would better reflect the factors relevant to the sentencing decision; accordingly it quashed the sentence imposed and substituted one of 5 years 3 months, that being a sentence of 7 years discounted by 25%.

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