Article 3 of the European Convention on Human Rights provides that: ‘No one shall be subjected to torture or to inhuman or degrading treatment or punishment’. The issue of degrading punishment was raised in this appeal against sentence in Scotland and there was then a helpful review of authorities from England and Wales, and elsewhere on the issue. The specific appeal against sentence in Scotland was concerned with whether the sentence imposed was excessive and whether given the physical disability of the appellant that sentence contravened his rights under Article 3. That appeal by RC, and the others reviewed in this note, indicates at the very least that the sentencing of individuals with severe physical disabilities, against whom criminal behaviour has been proved or by whom it had been admitted, was a matter of general judicial concern. RC was charged with a statutory offence of communicating indecently with a 15-year-old girl, after a period of time spent in grooming her. He was then 39 years of age but pretended to the girl that he was 18 years old. There was a second and, on the facts, not dissimilar charge involving a 12-year-old girl who represented that she was 13 years old. He pled guilty at an expedited calling of the indictment against him and reports were obtained from a social worker. In due course, he was sentenced to a cumulative period of 20 months’ imprisonment. The appellant had been born with spina bifida and had never had any sensation or movement below the waist. He was doubly incontinent and reliant on the care of his mother and an aunt to manage his needs on a daily basis which included assistance with toileting, dressing, eating, washing and mobility. He wore incontinence pads that required to be changed regularly. He had a part-time job in a call centre but that was very restricted because of his medical condition. He used a wheelchair. He also had diabetes and ulcers on his legs which required constant treatment. The prison estate was unable provide suitable accommodation for him immediately. He had no previous convictions.

中文翻译：

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监禁判决和身体残疾囚犯：C (R) v HM Advocate [2019] HCJAC62；2019 SLT 1243；2020 SCCR 20

《欧洲人权公约》第 3 条规定：“任何人不得遭受酷刑或不人道或有辱人格的待遇或处罚”。在针对苏格兰判决的上诉中提出了有辱人格的惩罚问题，然后对英格兰和威尔士以及其他地方的当局进行了有益的审查。针对苏格兰判决的具体上诉涉及判决是否过重，以及鉴于上诉人的身体残疾，判决是否侵犯了他根据第 3 条享有的权利。 RC 的上诉以及本说明中审查的其他上诉，表明在至少，对已被证明有犯罪行为或由其承认犯罪行为的严重身体残疾者的判刑是一个普遍的司法问题。RC 被控与一名 15 岁女孩进行不雅交流的法定罪行，此前她花了一段时间为她打扮。那时他39岁，但向女孩假装他18岁。还有第二项指控，事实上，并没有不同的指控，涉及一名 12 岁的女孩，她声称自己是 13 岁。他在对他的快速起诉中认罪，并从一名社会工作者那里获得了报告。在适当的时候，他被判处累积 20 个月的监禁。上诉人出生时患有脊柱裂，腰部以下从未有任何感觉或运动。他双失禁，依靠母亲和阿姨的照顾来满足他的日常需求，包括协助如厕、穿衣、吃饭、洗涤和行动。他戴着需要定期更换的失禁垫。他在呼叫中心有一份兼职工作，但由于他的身体状况而受到很大限制。他使用轮椅。他的腿上还患有糖尿病和溃疡，需要持续治疗。监狱无法立即为他提供合适的住所。他之前没有定罪。