Chantlle Katelynne Barrett v. Her Majesty's Advocate [2012] HCJAC 78

Criminal Note of Appeal Against Sentence:- On 15 September 2011, following a trial at the High Court in Dunfermline, the appellant was found guilty of:- (1) possession of heroin at Castleview House in Edinburgh on 11 January 2011 contrary to section 5(2) of the Misuse of Drugs Act 1971; (2) assaulting the now deceased William McPhee by repeatedly struggling and attempting to punch him, repeatedly punching and kicking him on the head and body and repeatedly biting him on the body and threatening him, again on 11 January 2011, and again at Castleview House, Edinburgh; and (3) assaulting the complainer, Colin Stewart, by repeatedly threatening him and stabbing him on the head and body with a knife, pursuing him and striking him on the head with a dog chain, all to his severe injury, permanent disfigurement and to the danger of his life and attempting to murder him, again on 11 January 2011 at Castleview House, Edinburgh. The appellant was on bail at the time of theses offences. On 10 October 2011, the appellant was admonished on charge 1 and sentenced to 9 months imprisonment on charge 2 and 9 years imprisonment on charge 3, which sentences were to run concurrently. The appellant appealed against her sentence on the grounds that the sentence of 9 years was excessive particularly in light of the changes made by the appellant to her lifestyle since her incarceration. Here the court considered whether the 9 year sentence was excessive having regard to the nature of the offence and the circumstances pertaining to the appellant.