The Crown appeal against sentence in HM Advocate v Nawshowani – Part 3: the relevance of a complainer’s “particular vulnerability” and unjustified disparities in sentencing rape

Graeme Brown

The Crown appeal against sentence in HM Advocate v Nawshowani – Part 3: the relevance of a complainer’s “particular vulnerability” and unjustified disparities in sentencing rape

Graeme Brown

Law

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Abstract

In the third of a series of five articles on the Crown appeal against sentence in HM Advocate v Nawshowani (Barzan) [2024] HCJAC 21, the author examines the observations made by the appeal court concerning the complainer’s vulnerability due to intoxication in a case of rape. The decision in Nawshowani is compared with the recent Crown appeal against sentence in HM Advocate v MG 2023 J.C. 68, another Crown appeal against sentence in a case of rape, and the disparity between the disposals in MG and Nawshowani is considered

Original language	English
Pages (from-to)	147-156
Number of pages	10
Journal	Scots Law Times
Volume	27
Early online date	18 Sept 2024
Publication status	Published - 2024

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https://uk.westlaw.com/Document/I32AB3AA06BE511EF98FCCA4D629B25F3/View/FullText.html

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abstract = "In the third of a series of five articles on the Crown appeal against sentence in HM Advocate v Nawshowani (Barzan) [2024] HCJAC 21, the author examines the observations made by the appeal court concerning the complainer{\textquoteright}s vulnerability due to intoxication in a case of rape. The decision in Nawshowani is compared with the recent Crown appeal against sentence in HM Advocate v MG 2023 J.C. 68, another Crown appeal against sentence in a case of rape, and the disparity between the disposals in MG and Nawshowani is considered",

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AB - In the third of a series of five articles on the Crown appeal against sentence in HM Advocate v Nawshowani (Barzan) [2024] HCJAC 21, the author examines the observations made by the appeal court concerning the complainer’s vulnerability due to intoxication in a case of rape. The decision in Nawshowani is compared with the recent Crown appeal against sentence in HM Advocate v MG 2023 J.C. 68, another Crown appeal against sentence in a case of rape, and the disparity between the disposals in MG and Nawshowani is considered

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JO - Scots Law Times

JF - Scots Law Times

ER -

The Crown appeal against sentence in HM Advocate v Nawshowani – Part 3: the relevance of a complainer’s “particular vulnerability” and unjustified disparities in sentencing rape

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