Error From Prosecution During Sentence

[pipsaholic]

Hopefully a solicitor is on here, but during my sentencing the Sheriff asked the prosecution speaker when did he plead guilty and the prosecution speaker was very nervous shifting through her papers and said the paperwork doesn't say so the Sheriff didn't know and based my sentence on not knowing when I pleaded guilty. Could this be used as an appeal against a conviction is this a vital bit of information that is missing.

[des8]

If you pleaded guilty , how do you think you can appeal against your conviction?

An early guilty plea should be taken into account when sentencing, but for appealing a sentence see here: https://www.mygov.scot/appeal-sentence-conviction/

[pipsaholic]

Well, how can they take WHEN (date) of the guilty was taken into account when they don't know? They skipped imo very important information that could of made a difference of me going to jail for 2 years or not. I would of imagined if they didn't have that information the case would of been adjourned to a later date but they skipped it and the judge looked very confused during my trial and just gave a verdict.

[des8]

The judge could have adjourned sentencing, but possibly gave you the benefit of an early guilty plea rather than draw the matter out.
If the maximum sentence was 2 years inside, but you are still free to walk the streets, it wouldn't appear to be a harsh sentence.

[pipsaholic]

It was a late guilty plea so I guess it worked in my favour then? However, isn't that a huge fundamental flaw in the system. I can't imagine a sheriff not knowing when someone pleaded guilty date. I've heard court cases dismissed because the CCTV camera showed crystal clear pictures however the date and time was not shown a date timestamp so the whole case got dismissed.

[des8]

That's life, some you win, some you lose!.

[pipsaholic]

yeah life's a game you need to play to win that's what I have learned the hard way.