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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.
Read more about victims of crime and sentencing.
HMA v Ryan Cameron
Sep 28, 2021
On sentencing, Sheriff Campbell made the following statement in Court:
“You were found guilty by the jury of causing severe injury and permanent impairment to Martin Murphy by driving dangerously.
You were also found guilty of behaving in a threatening and abusive manner towards him by shouting and swearing at him after the incident.
There can be no possible justification for stopping suddenly in the road when you well knew there was one motorcycle close to your car and another not very much further behind that. And all the more so while there were other people in your car, one of whom was a child.
The Court heard from Martin Murphy that he was scared for his life. The Court also heard that he suffered an open fracture of his tibia, so that the bone was visible out of his leg.
Unsurprisingly he has required surgery to insert metalwork into his leg. The Court heard about the effects on his life, and some of those were evident in Court too.
Those are all serious matters that I must have regard to.
I also have regard to your record of previous convictions. You do not have many convictions, and they are not directly analogous. I also note that you were a youth at the time of most, but not all of those. However several of those are for serious matters, and matters which suggest you are not always able to control your anger.
I now have the benefit of a criminal justice social work report, which I have considered carefully.
That identifies several mitigating factors including your difficult experiences as a child, a stable relationship, and your positive work ethic.
There is also information of concern in the social work report as it appears that you minimise your responsibility for what happened, by transferring responsibility to Martin Murphy. However you and the motorcyclists came to be on the road, you stopped the car in circumstances where a collision was all but inevitable.
I will deal with sentence for both offences together.
I consider that a custodial sentence is required in this case. I will impose a sentence of 18 months from today.
At the end of the trial I made an interim order disqualifying you from driving. I will now impose a final order. You will be disqualified from driving for a period of 4 years, with a 9 month extension period required by section 248D of the Criminal Procedure (Scotland) Act 1995.
You will be required to pass the extended test before holding a licence again.”
28 September 2021