Alex Massie Alex Massie

Astonishing Development: Common Sense and Decency Win the Day

More legal matters: remember the case of Gail Cochrane? She’s the 53-year old Dundonian who was jailed for five years for the crime of possessing her father’s service revolver. The sentence, its defenders claimed, was justified since her gun was, for admittedly curious reasons, stashed beneath her bed and not in a box in the attic or basement. Nevertheless, the ghastliness of mandatory sentencing was again on display.

Happily, for once, sanity has won the day. Lallands Peat Worrier brings the news that Mrs Cochrane has won her appeal at the High Court of Justiciary. The full judgement may be read here. Praise be to Lords Reed and Marnoch for their sense, indeed their decency and shame upon Lord Carloway for endorsing the original verdict. Lord Reed writes:

[…] an appellate court will not readily interfere with the decision of the sentencing judge as to whether exceptional circumstances exist unless the judge is clearly wrong.

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