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Scottish High Court of Justiciary Decisons |
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You are here: BAILII >> Databases >> Scottish High Court of Justiciary Decisons >> CAIRNEY AGAINST HER MAJESTY'S ADVOCATE [2015] ScotHC HCJAC_31 (13 March 2015) URL: http://www.bailii.org/scot/cases/ScotHC/2015/2015HCJAC31.html Cite as: [2015] ScotHC HCJAC_31 |
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APPEAL COURT, HIGH COURT OF JUSTICIARY
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| [2015] HCJAC 31 HCA/2014-003603-XC
STATEMENT OF REASONS
delivered by LADY PATON
in
APPEAL AGAINST SENTENCE
by
JOHN CAIRNEY
Appellant;
against
HER MAJESTY’S ADVOCATE
Respondent:
_____________ |
Appellant: C Mitchell; Faculty Services Limited
Respondent: A Brown QC AD; Crown Agent
4 February 2015
[1] This was a vicious, premeditated attack on a man walking along a public road. He was assaulted from behind, two against one, repeatedly struck on the head and body with a metal pole, stabbed with a knife, and left for dead. But for the intervention of two bystanders and subsequent medical treatment, he would have died.
[2] Even taking into account the appellant’s limited record, the fact that he has never been in custody, and the fact that the main long-term consequence for the victim was scarring, the sentence imposed (namely ten years imprisonment for attempted murder) fell well within the range of reasonable disposals available to the sentencing judge. The appeal is refused.
