McGaffney v Advocate (HM)
| Jurisdiction | Scotland |
| Neutral Citation | 2004 SCCR 384 |
| Date | 2004 |
| Year | 2004 |
| Court | High Court of Justiciary |
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1 cases
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Her Majesty's Advocate V. David Graham
... ... [9] The sentencing judge says that he understood Ogilvie v HM Adv (2002 JC 74) to be the guideline judgment on sentencing for contraventions of section 52 of the 1982 Act and was unaware of the decision in ... that commercial distribution of indecent images was an aggravating factor but he pointed out that there is an apparent conflict between McGaffney v HM Adv ( supra ) and Brown v HM Adv ([2010] HCJAC 24) as to what constitutes commercial distribution. He suggested that it would be ... ...
1 books & journal articles
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Sentences for Offences Relating to Indecent Photographs
...photographs of children. The court has previously passedguideline cases (Ogilvie v HM Advocate 2002 JC 74 and McGaffney v HMAdvocate 2004 SCCR 384), but this was the first time that they receivedthe authority under s. 118(7) of the 1995 Act. The general approach of the court has been to fol......