Advocate (HM) v Bell
| Jurisdiction | Scotland |
| Neutral Citation | 1995 SCCR 244 |
| Year | 1995 |
| Date | 1995 |
| Court | High Court of Justiciary |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
24 cases
-
Her Majesty's Advocate V. Bryan Robert Boyle+greig Maddock+robert Kelly
...(HM) v AlexanderUNK [2005] HCJAC 77; 2005 SCCR 537 Advocate (HM) v Al Megrahi 24 November 2003, unreported Advocate (HM) v BellUNK 1995 SLT 350; 1995 SCCR 244 Drury v HM AdvocateUNK 2001 SLT 1013; 2001 SCCR 583 Du Plooy v HM AdvocateUNK 2005 1 JC 1; 2003 SLT 1237; 2003 SCCR 640 Locke v HM A......
-
Her Majesty's Advocate V. Stuart Cossar
... ... M. Advocate v Bell 1995 SCCR 244. Furthermore, even if the sentences were unduly lenient, the court in exercise of its discretion in terms of section 118(4) of the 1995 ... [12] Mr McCormack also drew the court's attention to the contents of a report on the respondent, dated 13 May 2010, by the Governor of HM Young Offenders Institution at Polmont, where the respondent had been detained until recently. That report indicated that the respondent had ... ...
-
Appeal Against Sentence By Her Majesty's Advocate Against Gordon Collins
...all the circumstances of the case”. [19] This ground was developed in submissions. By reference to the decision in H.M. Advocate v Bell, 1995 SCCR 244 at 250, it was submitted that the sentence was unduly lenient in that it fell outside the range of sentences which the judge at first instan......
-
Her Majesty's Advocate V. David Graham
...He fully accepted his guilt and was genuinely remorseful. We should not interfere with the sentencing judge's decision (HM Adv v Bell 1995 SCCR 244). [13] On the wider questions of sentencing policy the solicitor advocate for the respondent accepted that commercial distribution of indecent ......
Request a trial to view additional results
2 books & journal articles
-
When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?
...that a ¢nding of undue len iency merelyempowers, and does not require, theappeal court to impose a heavier sentence: HM Advocate vBell1995 SLT350.53 Samuels, n 50 above,572.James Chalmers and Fiona Leverick727r2011The Authors.The Modern Law Review r2011The Modern Law Review Limited.(2011) 7......
-
The Power to Increase Sentence Ex Proprio Motu on Appeal
...Given the wealth of case law establishing this standard in respect of Crown appeals,22 22 The original definition in HM Advocate v Bell 1995 SLT 350 at 353 has been followed in numerous cases such as: HM Advocate v James East [2013] HCJAC 124; HM Advocate v Cossar 2010 SLT 1168; and HM Advo......