Fatal and non-fatal stabbings: the decision in Marshall v HM Advocate, the pathology of sharp force trauma, and appellate sentencing guidance for offences involving bladed weapons

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Abstract

Considers Marshall (Colin) v HM Advocate (HCJ Appeal) that an extended sentence of 18 years' imprisonment, with a custodial term of 12 years and an extension period of six years following a conviction for aggravated assault and attempted murder was excessive. Notes the court's use of the incorrect term "laceration" to describe the injuries suffered by the victim. Examines the pathology of sharp force trauma and the correct terminology to be used. Describes the features of common types of bladed weapon. Discusses case law on sentencing for offences involving the possession and use of bladed weapons.
Original languageEnglish
Pages (from-to)3-14
Number of pages11
JournalScots Law Times
Issue number2
Publication statusPublished - 2022

Keywords

  • Aggravated assault
  • Attempts
  • Extended sentences
  • Knives
  • Murder
  • Scotland
  • Seriousness of offence
  • Totality of sentence

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