Lindsay Jones v. The Procurator Fiscal, Dundee [2013] HCJAC 53

Criminal Appeal:- On 31 July 2012 the appellant pled guilty to a charge of assault and a charge of contravening section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. The sheriff imposed sentences of 6 months and 4 months respectively, to be served consecutively, these sentences being discounted from 9 months and 6 months respectively on account of the pleas of guilty. The appellant appealed on the grounds that the sentence imposed was incompetent in that the starting off point of 15 months was in excess of the maximum sentence which can be imposed in relation to any one complaint. In Nicholson v Lees 1996 SCCR 551 Lord Justice Clerk Ross stated:- "Where two or more charges are contained in a single complaint, the court cannot competently impose a total period of imprisonment which exceeds in aggregate the upper limit permitted for that court in the particular case by common law or statute." Here the court considered whether the sentence imposed was incompetent having regard to Nicholson v Lees.