John Cook v. Her Majesty’s Advocate [2017] HCJAC 41

Note of appeal against sentence:- The appellant was convicted at the sheriff court in relation to a charge of benefit fraud and sentenced to 18 months imprisonment. He appealed against the sentence imposed. Here the court allowed the appeal. The court referred to the following factors which the sentencing sheriff had failed to give sufficient weight to:- (1) the appellant had no previous convictions; (2) there did not appear to be any premeditation in the commission of the offence in that the appellant could not read or write; (3) the appellant had expressed genuine remorse; (4) the Criminal Justice Social Work Report noted that there was no risk of reoffending; (5) the appellant had significant health difficulties; (6) the appellant had repaid the sum of £35,600 which had been the sum originally defrauded; and (7) the appellant had been assessed as being capable of carrying out light duties in any unpaid work requirement. The court referred to the guidance contained in Gill v The Procurator Fiscal, Glasgow [2010] HCJAC 99 whilst also observing that each case must depend on its particular aggravating and mitigating factors. Here the court quashed the sentence of imprisonment and substituted a 2 year Community Payback Order with a condition that the appellant carry out 250 hours unpaid work to be completed in a year.