当前位置: X-MOL 学术The Journal of Criminal Law › 论文详情
Our official English website, www.x-mol.net, welcomes your feedback! (Note: you will need to create a separate account there.)
High Court of Justiciary, Edinburgh: Selecting an Appropriate Sentence for Extreme Crimes by a Young Offender: Campbell (Aaron) v HM Advocate, 2019 SLT 1127
The Journal of Criminal Law ( IF 0.6 ) Pub Date : 2019-11-20 , DOI: 10.1177/0022018319889170
Robert S Shiels

Aaron Campbell was 16 years of age when a jury held unanimously as proved charges against him of the abduction, vaginal and anal rape and murder of a six-year-old girl in Rothesay on the Isle of Bute. He was made the subject of an order for detention without limit of time and with a punishment part of 27 years. His appeal was on the statutory ground that the sentence was excessive. The submission on appeal was that while the crime was uncommonly grave the trial judge had placed undue weight on the pessimistic assessment of the Appellant being unable to change and that such an assessment was more a question of future risk rather than an aggravation of the severity of the crime to be reflected in the punishment part. In particular, the trial judge was said to have erred in concluding that the challenges in modifying the Appellant’s thinking and behaviour had led him to make inadequate allowance for the mitigatory effect of youth.

中文翻译:

爱丁堡高等法院:为年轻罪犯的极端犯罪选择适当的判决:Campbell (Aaron) 诉 HM Advocate,2019 SLT 1127

Aaron Campbell 年仅 16 岁,陪审团一致认定他在弼岛 Rothesay 绑架、阴道和肛门强奸以及谋杀一名 6 岁女孩。他被判处无期拘留令,部分刑期为 27 年。他的上诉是基于判刑过重的法定理由。上诉提交的材料是,虽然罪行异常严重,但主审法官过分看重上诉人无法改变的悲观评估,而且这种评估更多是关于未来风险的问题,而不是加重严重性的问题。犯罪要体现在刑罚部分。特别是,
更新日期:2019-11-20
down
wechat
bug