tag:blogger.com,1999:blog-14418636.post6385963083839570473..comments2023-11-03T08:45:55.121+00:00Comments on Stephen's Liberal Journal: Sentanced Before Chrages Read OutStephen Glennhttp://www.blogger.com/profile/03027718551675624433noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-14418636.post-36223136451073117812009-10-29T21:05:15.895+00:002009-10-29T21:05:15.895+00:00I find the narrative in the report of this a littl...I find the narrative in the report of this a little confusing. It would seem to suggest that the accused had plead guilty - and the sheriff simply imposed an 80 day sentence without examining the Crown's case. An alternative account would seem too bizarre to be probable - that McCreadie spontaneously found the accused guilty without pausing to consider the details.<br /><br />Even so, pretty rum stuff - such that Article 6 of the European Convention of Human Rights almost certainly comes into play. In particular, the fact that the narrated offences did not alter the sheriff's mind on what sentence to impose could - on a perfectly reasonable construction - give an appearance that he was not behaving and giving an appearance of the appropriate "independent and impartial" judicial manner under that article.<br /><br />Thus, even assuming I'm right and yon convicted bloke pled guilty - methinks there may be an appeal on sentencing emerging from the skeleton facts as they appear here.<br /><br />Also, lets not forget McCreadie's other recent forays into socially unacceptable conduct in court...<br /><br />http://www.dailyrecord.co.uk/news/scottish-news/2009/04/10/sheriff-forced-to-stop-court-hearing-after-leaving-prosecutor-in-tears-86908-21267705/Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.com