HM Advocate v Leslie Alistair Shearer
| Jurisdiction | Scotland |
| Neutral Citation | 2003 SCCR 657 |
| Date | 2003 |
| Court | Unspecified Court (Scotland) |
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5 cases
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Appeal Against Sentence By Her Majesty's Advocate Against Gordon Collins
...sentences in the region of 3 and a half years’ imprisonment – as in the successful Crown sentence appeal in HM Advocate v Shearer, 2003 SCCR 657 – had “undoubtedly been used by sentencers as the benchmark” in cases involving the rape of sleeping or unconscious complainers (Cooperwhite at [1......
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Her Majesty's Advocate V. Stephen Cooperwhite
...could reasonably have considered appropriate. Nevertheless, under reference to Ramage v HM Advocate 1999 SCCR 592, HM Advocate v Shearer 2003 SCCR 657, Hercus v HM Advocate 2004 SCCR 140, Petrie v HM Advocate 2012 JC 1 and Greig v HM Advocate 2012 SCCR 757, it was contended that the sentenc......
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HM Advocate v JT
...1998 SLT 877; 1997 SCCR 738 Advocate (HM) v O'DonnellUNK 1996 SLT 563; 1995 SCCR 745 Advocate (HM) v ShearerUNK 2003 SLT 1354; 2003 SCCR 657 Blair v HawthornSC 1945 JC 17; 1945 SLT 141 R v Secretary of State for the Home Department, ex p Venables and ThompsonELRWLRUNK [1998] AC 407; [1997] ......
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Appeal Against Sentence By Her Majesty's Advocate Against Ab
...for clandestine injury being regarded as unreliable for future use once the offence had been reclassified as rape (HM Advocate v Shearer 2003 SCCR 657, LJG (Cullen) at para [11]). The maximum penalty was life. The legislation did not differentiate between the different modes of rape for the......
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1 books & journal articles
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Sentencing Rape - A Comparative Analysis by Dr Graeme Brown
...(n 1) ch 5 generally. 36 Brown (n 1) 119, citing Thomas O’Malley, Sentencing – Towards a Coherent System (Dublin, Round Hall 2011) 37 2003 SCCR 657. [2020] Irish Judicial Studies Journal Vol 4(2) 214 IRISH JUDICIAL STUDIES JOURNAL 214 shortcomings of the Shearer benchmark, and in doing so c......