Ronald Martin V. Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Kingarth,Lord Johnston,Lord Philip |
| Neutral Citation | [2006] HCJAC 86 |
| Docket Number | XC195/06 |
| Date | 02 November 2006 |
| Court | High Court of Justiciary |
| Published date | 22 November 2006 |
| Year | 2006 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Johnston Lord Philip Lord Kingarth | [2006] HCJAC 86 Appeal No: XC195/06 OPINION OF THE COURT delivered by LORD KINGARTH in NOTE OF APPEAL by RONALD O'NEILL MARTIN Appellant' against HER MAJESTY'S ADVOCATE Respondent: _______ |
Act: Taylor, solicitor advocate; Bruce Short, Dundee
Alt: D. Young, A.D.; Crown Agent
2 November 2006
[1] On 6 March 2006 the appellant pled guilty in Dundee Sheriff Court to a charge of attempted robbery. He was sentenced to a period of 12 months imprisonment. Against that sentence he has appealed.
[2] On the same date he also pled guilty, on a separate indictment, to a contravention of section 27(7) of the Criminal Procedure (Scotland) Act 1995, in respect of his failure at an earlier point in the same proceedings, to appear in the course of a trial diet. For this he was sentenced to a consecutive period of 12 months imprisonment. Although he appealed against that consecutive sentence, his appeal has already been refused by this court.
[3] The history of proceedings, so far as relevant, is that the appellant first appeared on petition in respect of the charge of attempted robbery on 17 August 2005, and was committed in custody for further examination. He was fully committed in custody on 24 August 2005, bail having been refused. The case was indicted for the sitting commencing on 5 December 2005, but, for reasons which were not due to any fault on the part of the appellant, on 7 December 2005 the indictment was deserted pro loco et tempore, a further trial diet was appointed for 13 December 2005 and the appellant was allowed bail. On 13 December 2005 evidence was led in the morning and the case was adjourned until the afternoon. However, the appellant failed to appear in the afternoon and a warrant was granted for his arrest. The petition warrant, containing the charge under section 27(7) of the Criminal Procedure (Scotland) Act 1995, was executed on 20 December 2005, when the appellant appeared and was remanded again in custody, where he remained until sentence. During the appellant's first period on remand he spent a total of 112 days in custody. During his second period on remand he spent a further 68 days in custody. The total period spent on remand was thus 180 days.
[4] In her Report the sheriff informs us that in sentencing the appellant she decided that the starting point for the attempted robbery was a sentence of 18 months imprisonment. She chose not to allow any discount for the plea of guilty, given that it was tendered at the trial diet, and her approach on that matter is not challenged. Nevertheless, she did consider it appropriate to make a deduction to take account of the period spent on remand (to which period she was obliged to "have regard" under section...
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