A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v Nathan Shaw and John Lawrie
Sep 6, 2021
On sentencing, Lord Matthews made the following statement in court:
You both pleaded guilty at a continued preliminary hearing to the crime of hamesucken in that you forced your way into the house of the complainer David Fulton, chased him and struck him repeatedly with a pole to his severe injury, permanent disfigurement and the danger of his life. In addition you Mr Lawrie pleaded guilty to another charge of hamesucken involving assaulting Mr Fulton’s partner by pushing her on the body and striking her on the head with a pole to her severe injury.
You both attended at the home shared by the complainers at 7pm the next day, each wearing dark clothing, a beanie hat and gloves. You approached the window and you Mr Shaw said that you wanted to talk to Mr Fulton as you had heard that he had harmed his son. Mr Fulton came to the window and said that it had been an accident. You, Mr Shaw, asked him to come outside to discuss it and sort it out, while you Mr Lawrie said “we won’t leather you”. Mr Fulton refused to come out and said that he did not want to fight with you.
I have listened to everything said on your behalf and taken account of what has been said on your behalf. The sentencing purpose which I have principally in mind is one of punishment. Only a significant custodial sentence is appropriate in the case of each of you.