Sentencing sex offenders and the Sentencing Young People guideline: a critical examination of the decision in CA v HM Advocate – Part 1: questions of culpability and harm

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Abstract

In the first of a series of three articles on the decision in CA v HM Advocate [2024]
HCJAC 29, in which the appeal court imposed a cumulo sentence of four years’
imprisonment on the 24 year old appellant for rape and other historic sexual offences committed against young children, the author considers the appeal court’s opinion and questions the court’s decision to focus on the appellant’s reduced culpability rather than on the harm caused by the offences.
Original languageEnglish
Pages (from-to)201-212
Number of pages12
JournalScots Law Times
Issue number33
Publication statusPublished - 2024

Keywords

  • appeals
  • culpability
  • custodial sentences
  • rape
  • Scotland
  • sentence length
  • sentencing guidelines
  • sexual activity with a child
  • undue leniency
  • young offenders

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