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.

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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.

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HMA v Craig Gallacher

Apr 4, 2025

At the High Court in Stirling, Lord Harrower imposed a prison sentence of 2 years and 6 months on Craig Gallacher. The offender, who will be placed under supervision for 12 months on completion of the prison term, admitted possessing an axe in a public place.

On sentencing, Lord Harrower said:

“Craig Gallacher, you pled guilty on the fifth day of a trial diet to a charge of assault whilst in possession of an axe or similar implement, and to a charge of being in possession of an offensive weapon in a public place contrary to s47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

The agreed narrative describes incidents arising in August 2021 as a result of an ongoing feud between two gangs known to be involved in serious organised crime in Glasgow, the Daniel family and the Lyons family. Although your name is mentioned in connection with at least one these incidents, as I read the narrative, there is no obvious or direct connection between them and the charges to which you have pled guilty, and I approach sentencing on that basis.

The two charges to which you have pled guilty arose from a separate incident occurring at about 4pm, in broad daylight, on 21 September 2021, at a busy road junction between Westerhill Road and Kirkintilloch Road, near Bishopbriggs. You approached the junction at speed in a Toyota Hilux, and pulled across other vehicles, including a Volkswagen Golf. The Golf was occupied by associates of the Lyons family, whom you believed had been responsible for death threats made against your son. You got out of the driver’s seat of the Hilux, carrying an axe. You were visibly angry and shouting aggressively to the occupants of the Golf, some of whom ran away from you, down Kirkintilloch Road. Meanwhile, the driver of the Golf had remained by the side of her car, and you continued to shout aggressively at her, while still in possession of the axe. You then got back into your Toyota Hilux and chased those who had made off down the Kirkintilloch Road.

Mr Gallacher, I have taken account of everything said on your behalf by Mr McSporran. You are 45 years old. You have 22 previous convictions dating back to 1978, mainly for road traffic offences and offences of dishonesty, but which include three analogous convictions at solemn level for assault, albeit some considerable time ago. I am satisfied not only that a custodial sentence is necessary, but that a period of supervision will be necessary in order to protect members of the public from you upon your release.

For charge 7, I shall therefore impose a sentence upon you in two parts.

The first part of the sentence is a period of imprisonment of 2 years 6 months. Given the lateness of your plea, I do not consider any reduction is justified. The second part of the sentence is a supervised release order, such that, on your release from custody, you will be under the supervision of the local authority for a period of 12 months.

During that period after your release from custody, you will report to the supervising officer allocated to supervise you in a manner and at intervals specified by him or her; you will keep your supervising officer informed of your current address and you will comply with any other requirement he or she may reasonably specify.

If you breach the order, you may be brought back to court and returned to custody for all or any part of a period equal to that between the date of your first breach of the order and the date when your supervision would expire.

The sentence will be backdated to 11 March 2025 when you were remanded in custody.

For charge 8, I shall sentence you to a period of imprisonment of 12 months, backdated also to 11 March 2025, and to be served concurrently with the sentence previously imposed.”

4 April 2025