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HMA v Martin Black
Feb 9, 2024
On sentencing Lord Doherty made the following remarks in court:
"Martin Black, you have pled guilty to contraventions of sections 5(1)(a), 1(1)(b), and 21(1) and (4) of the Firearms Act 1968 and to two contraventions of section 2(1) of the Air Weapons and Licensing (Scotland) Act 2015.
The most serious of the charges is the contravention of section 5(1)(a), which involved possession at your home of a Grand Power model G9A pistol adapted so that two or more missiles could be successively discharged without repeated pressure on the trigger. The pistol was in working order in both semi-automatic and fully automatic modes.
The contravention of section 1(1)(b) involved 23 live 9mm Browning Corto calibre bulleted cartridges. Each cartridge was loaded with a full metal jacket bullet. All the cartridges were suitable for use with the G9A pistol.
One of the contraventions of section 2(1) of the 2015 Act involved a Milbro model Classic M1911 carbon dioxide powered air pistol and the other involved a model CZ 75 SP-01 Shadow carbon dioxide powered air pistol. Both were in working order.
The contravention of sections 21(1) and 21(4) concerns possession of the weapons and ammunition already mentioned together with a quantity of 20 bore shotgun cartridges at a time when you had previously been sentenced to 10 years’ imprisonment.
You have a bad record of offending for crimes of violence. Your first conviction on indictment in June 2000 resulted in a sentence of detention for 30 months. In June 2003 you were given an extended sentence of 12 years, with a 10 year custodial term. In September 2009 you were sentenced to 29 months’ imprisonment and an order under section 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 that you be returned to prison to serve a further 5 years of the earlier extended sentence before serving the 29 month sentence. You were sentenced to a further period of 8 months’ imprisonment in 2011 and 6 months’ imprisonment in 2012.
I have regard to the utilitarian value of your pleas of guilty - I give you credit for that. The fact remains that you have a bad record and these are serious offences.
On charge 1, the contravention of section 5(1)(a), the sentence I would have imposed had you not pled guilty is 8 years’ imprisonment. In light of your plea the sentence I impose is 6 years’ imprisonment.
On charge 3, the contravention of section 1(1), the sentence I would have imposed had you not pled guilty is 4 years’ imprisonment. In light of your plea the sentence I impose is 3 years’ imprisonment.
On charge 4, the Milbro air pistol charge, the sentence I would have imposed had you not pled guilty is 2 years’ imprisonment. In light of your plea the sentence I impose is 18 months’ imprisonment.
On charge 5, Shadow air pistol charge, the sentence I would have imposed had you not pled guilty is 2 years’ imprisonment. In light of your plea the sentence I impose is 18 months’ imprisonment.
On the contravention of section 21(1) and (4), the sentence I would have imposed had you not pled guilty is 4 years’ imprisonment. In light of your plea the sentence I impose is 3 years’ imprisonment.
The sentences on charges 1, 3, 4 and 5 are concurrent and will be backdated to 2 February 2024 to take account of the 7 days you spent on remand.
The sentence of 3 years’ imprisonment for the contravention of section 21(1) and (4) will be consecutive to the other sentences.”