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Appeal Against Lenient Sentence Refused

HMA v McCuaig 2018

Mr McCuaig pled guilty to 20 charges of taking and possessing indecent images to children and sending imagined to children. These images were sent as threats to children in order for them to send similar photographs.

The sheriff at Mr McCuaigs deferred sentence, after obtaining reports from psychiatrists and the social work department, sentenced him to three years in prison and a three year extended period. All agencies had concerns about the accused and the social worker deemed him to be high risk or reoffending.

The crown however argued this sentence was lenient and a order for life long restriction should be imposed given the risk imposed by the man.

However, the appellant judges considered that given that intervention programmes were available in Scottish prison this was not necessary and neither psychiatrist had recommended this restriction order, although the social work department did.

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