RB v. Her Majesty's Advocate

"On various occasions between 10 October 2001 and 15 July 2002, both dates inclusive, at [the family home in Dundee], you did assault [EB], your son, born 28 June 2001, then residing there, seize him by the body, compress his neck, place your hand over his mouth and nose whereby his breathing was restricted and said [EB] was caused unnecessary suffering and injury to his health and was so severely injured on 15 July 2002 that he died at Ninewells Hospital, Dundee and you did kill him".

The sentencing judge, having obtained and considered certain reports, imposed on the appellant a sentence of twelve years imprisonment.

"I remain of the view that such mitigating features as were present were reflected in the acceptance of the plea. The effect of this was a significant reduction in the minimum period which the appellant will require to serve in custody before he becomes eligible for release on parole. In the whole circumstances, I attached very little weight to the fact that witnesses had not been required to give evidence. As it happens, in any event, I understand that [the appellant's partner, the child's mother] was supportive of the appellant."

"196.-(1) In determining what sentence to pass on, or what other disposal or order to make in relation to, an offender who has pled guilty to an offence, a court may take into account -

"In so far as account required to be taken of the fact that the appellant to a large extent admitted responsibility from an early stage, had pled guilty and expressed no doubt genuine remorse, this was already reflected in the acceptance of his plea of guilty of culpable homicide. I therefore imposed a sentence which was intended to be at the top of the scale for that offence ...