HMA v CJBThe High Court in Edinburgh has refused the Crown’s appeal against sentence for a man who was not imposed with a prison sentence for domestic abuse offences. CJB was instead given a restriction of liberty order and a community payback order with supervision and hours of unpaid work.
The respondent pled guilty to the charges in early 2019 which included assaults on his wife and two children. The charges included serious assaults to injury and repeated periods of domestic abuse. The original sheriff stated the conduct was ‘’frequent abusive behaviour” The Crown argued that the sentence given by the sheriff was very lenient and appealed the decision, however the appeal court did not agree.
The High Court stated that the sheriff had considered the appropriate guidelines. However, it was argued by the Crown that the sentence did not take into consideration the gravity of the offences and the sheriff looked too much into the respondent’s personal circumstances, as he was in a new stable and supportive relationship.