- Location
- Carmarthenshire, West Wales
You can in Scotland, Not proven (acquitted, so not guilty, however the crown has not proved guilt although jurors believe the defendant is guilty).The 'mitigating circumstances you cite' (i.e. '...the instructions from the various parties to carry out the work') would have formed the case for the defence in the event of a Not Guilty plea. However they have no bearing on the sentencing as he has pleaded Guilty. The Law is very black or white in this... you can't be 'a bit guilty' or a 'bit innocent'. He's Guilty so no more evidence can or will be submitted.
There are however other types of mitigations that could be considered by the Court to decide on the tariff which may include his mental and financial state, his 'good character' etc. (though I don't think he'd be expecting much from this as he was previously convicted in 2007 for unauthorised works) and the likelihood of him re-offending (see previous point...).
Possibly the most serious of his offences was Breaching a Stop Notice which falls under Contempt of Court and is viewed very dimly by the people in red gowns and funny wigs. Custodial sentences are not uncommon for this.