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JOHN CAIRNEY AGAINST HER MAJESTY'S ADVOCATE

 

APPEAL COURT, HIGH COURT OF JUSTICIARY

 

Lady Paton

Lady Smith

 

 

 

[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.