SENTENCING STATEMENTS

 

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.  

Follow us if you wish to receive alerts as soon as statements are published. 

Once charges are spent, any statement in relation to them is removed. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk

The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.

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.

Read more about civil judgments.

HMA v Ryan Cameron

 

Sep 28, 2021

At Edinburgh Sheriff Court today, Sheriff Kenneth Campbell QC sentenced Ryan Cameron to 18 months imprisonment after the offender was found guilty of causing severe injury and permanent impairment by driving dangerously. The Sheriff also disqualified the offender from driving for 4 years and 9 months.

 

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