Lord Advocate v. Joseph Harrison [2007] HCJAC 74

Criminal Note of Appeal - Crown Appeal Against Sentence - Culpable Homicide:- On 19 October 2005 the respondent pled guilty to a charge of culpable homicide:- "On 22 February 2005 at Castle Terrace, Aberdeen, Denside of Catterline or elsewhere, whilst within motor car registered number P595 FSR, you did assault Susan Mary Third ... and did seize her by the neck, place your hands around her neck and compress same, place a ligature and compact disc carrier case or similar item against her neck and compress same, and did kill her". On 3 August 2006 the respondent was sentenced to a period of imprisonment of nine years (six years and an extended sentence of three years) backdated to 28 February 2005. Here the Crown appealed against the imposition of that sentence on the basis that it was unduly lenient in terms of the Criminal Procedure (Scotland) Act 1995, sections 108 and 110. The basis of the tendering of the plea was that the Crown accepted that the respondent was suffering from diminished responsibility at the time of the commission of the offence in that he was suffering from a mental disorder, within the meaning of the Mental Health (Care and Treatment)(Scotland) Act 2003. After the imposition of an interim compulsion order and a period of examination and treatment in the State Hospital, it was concluded, by the doctor treating the respondent, that he was no longer suffering from a mental disorder and could be sentenced in the normal way. The sentencing judge passed sentence on the basis that the respondent's responsibility for the offence was substantially diminished. It was submitted on behalf of the Crown that the risk presented by the respondent was high and a full account had not been taken of that. For the respondent it was submitted that all the relevant risk factors which should be taken into account were before the sentencing judge. The court also considered whether a discount of 25% at a continued preliminary hearing was appropriate in the circumstances of the case, in particular, the extensive psychiatric investigations carried out by the defence.