Dawn Bradley V. Procurator Fiscal, Falkirk
| Jurisdiction | Scotland |
| Judge | Sheriff Principal Brian A Lockhart,Lord Mackay of Drumadoon |
| Neutral Citation | [2010] HCJAC 136 |
| Published date | 21 December 2010 |
| Date | 28 October 2010 |
| Docket Number | XJ981/10 |
| Court | High Court of Justiciary |
| Year | 2010 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Mackay of Drumadoon Sheriff Principal Lockhart | [2010] HCJAC 136 XJ981/10 NOTE OF REASONS delivered by LORD MACKAY OF DRUMADOON in APPEAL AGAINST SENTENCE by DAWN BRADLEY Appellant; against PROCURATOR FISCAL, FALKIRK Respondent: _____________ |
Appellant: Collins, Solicitor Advocate; MTN Defence, Falkirk
Respondent: McKenna A.D.; Crown Agent
28 October 2010
[1] There is no doubt that the offence to which the appellant pled guilty was a serious one, involving as it did her wrongfully obtaining benefits amounting to a figure in excess of £10,000. The offence was committed over a period of approximately 18 months. It is clear from the recently decided case of Gill and Others v Procurator Fiscal, Glasgow [2010] HCJAC 99 Unreported 7 October 2010 that a benefits fraud of that nature could well result in a prison sentence.
[2] The appellant appeared before the court as a first offender. When considering whether it was appropriate to impose a prison sentence in the present case, it was incumbent upon the sheriff to pay full account to all the factual circumstances placed before him. Those factual circumstances were set out in the social enquiry report that was prepared. They include that the appellant has a long history of depression, that she has suffered five miscarriages and that the offence had been committed when she was pregnant with her second child. In his report to this court, the sheriff has set out very clearly his reasons for imposing the custodial sentence he did.
[3] The solicitor advocate who appeared for the appellant argued that the sheriff had erred in taking the view that a custodial sentence was the only appropriate disposal. In his written submissions and during the hearing of the appeal, the solicitor advocate amplified on the contents of the social enquiry report. He suggested that the appellant had to be viewed as having a vulnerable personality. He stressed that the appellant's claim for benefit had started out as a legitimate one. It had become illegitimate when she had failed to declare to the authorities a change in her personal circumstances. That change had related to her relationship with her partner, who, whilst he had been in employment, had in the event proved to be unreliable in his support of the appellant and her children. During the period the offence was committed, the partner drank to excess and abused drugs. He was frequently absent from home for...
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Appeal Against Sentence By Terence Ryan
...available from the cases of Gill v Procurator Fiscal, Glasgow [2010] HCJAC 99, 2011 SCL 164 and Bradley v Procurator Fiscal, Falkirk [2010] HCJAC 136. The sheriff explains that he restricted the period of the custodial sentence to 5 months in order not to put the appellant’s tenancy at risk......