Other Useful Judgments

The judgments listed on this page were not issued under the 1995 Act, but provide guidance on certain areas of sentencing.

Each link below will take you to an introductory summary of the listed case.  From there, you can access a further link to the complete opinion for a fuller understanding of the case.  



Kelly v HM Advocate and Robertson v HM Advocate 

This deals with discretionary life sentences for sex offenders.


Petch & Foye v HM Advocate 

This addresses the calculation of the punishment part of discretionary life sentences. 


Gemmell v HM Advocate

This provides further guidance on sentencing discounts. 


HM Advocate v Noche

This deals with death by driving – whether it is appropriate to have regard to a guideline from the Sentencing Council for England and Wales and what is in that guideline.


Milligan v HM Advocate

This considers the use of sentencing guidelines from England and Wales in Scottish courts. 


Scottish Sea Farms Ltd v HM Advocate

HM Advocate v Munro & Sons (Highland) Ltd 

These final cases set out the principles to be used when sentencing health and safety cases.