Guidelines, judicial discretion and the modern sentencing process – Part 2: the operation of sentencing guidelines and a comparative analysis of appellate deference in appeals against sentence

Graeme Brown

Guidelines, judicial discretion and the modern sentencing process – Part 2: the operation of sentencing guidelines and a comparative analysis of appellate deference in appeals against sentence

Graeme Brown^*

^*Corresponding author for this work

Law

Research output: Contribution to journal › Article › peer-review

Abstract

In the second of a series of two articles on the Crown appeal against sentence in HM Advocate v GH [2023] HCJAC 45; 2024 J.C. 95; 2024 S.L.T. 37, in which the appeal
court made certain observations on the holistic nature of the sentencing process, the author examines domestic authority on the use of sentencing guidelines and discusses the concept of appellate deference in appeals against sentence by reference to law and practice in Scotland and Canada

Original language	English
Journal	Scots Law Times
Publication status	Accepted/In press - 18 Sept 2024

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Licence: CC BY
Embargo ends: 18/09/25

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AB - In the second of a series of two articles on the Crown appeal against sentence in HM Advocate v GH [2023] HCJAC 45; 2024 J.C. 95; 2024 S.L.T. 37, in which the appealcourt made certain observations on the holistic nature of the sentencing process, the author examines domestic authority on the use of sentencing guidelines and discusses the concept of appellate deference in appeals against sentence by reference to law and practice in Scotland and Canada

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Guidelines, judicial discretion and the modern sentencing process – Part 2: the operation of sentencing guidelines and a comparative analysis of appellate deference in appeals against sentence

Abstract

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