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)
  • *Corresponding author for this work

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Abstract

This, the second part of a two-part article, discusses HM Advocate v GH (HCJ Appeal) in which the Crown appealed against a sentence of 15 months' imprisonment following the respondent's conviction for abusive behaviour, assault and robbery against his partner, focusing on the use of sentencing guidelines and the concept of appellate deference in appeals against sentence by reference to law and practice in Scotland and Canada.

Original languageEnglish
Pages (from-to)67-78
Number of pages12
JournalScots Law Times
Volume2025
Issue number9
Early online date14 Mar 2025
Publication statusPublished - 14 Mar 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 5 - Gender Equality
    SDG 5 Gender Equality
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Appeals against sentence
  • Assault
  • Canada
  • Culpability
  • Discretion
  • Domestic violence and abuse
  • Judicial decision making
  • Offensive behaviour
  • Robbery
  • Scotland
  • Sentencing guidelines
  • Undue leniency

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