The relevance of severe disability in sentencing – the decision in RC v HM Advocate

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Abstract

Considers C v HM Advocate (HCJ Appeal) on whether the imposition of a 20 month custodial sentence for offences contrary to the Sexual Offences (Scotland) Act 2009 ss.31 and 34 on a disabled man who needed daily assistance with his needs and who also suffered health complications breached his rights under ECHR art.3.
Original languageEnglish
Pages (from-to)2-5
JournalGreens Criminal Law Bulletin
Issue number162
Publication statusPublished - 2019

Keywords

  • custodial sentences
  • disabled persons
  • inhuman or degrading treatment punishment
  • Scotland
  • sexual offences

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