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.
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 Bradley Aitken
Apr 23, 2025
On sentencing, Lady Drummond said:
"Mr Aitken, you pled guilty to a charge of assault to severe injury, permanent disfigurement, permanent impairment and danger of life and attempted murder.
The circumstances were that on 21 May 2024 you met the complainer, a stranger to you, sitting outside a chemist. You arranged to meet up later that day at your flat when you both took drugs. When they ran out, you left to buy more. On your return more drugs were consumed, and the atmosphere changed: you began to swear at the complainer. You threatened him that if he didn’t give you the drugs and money you would attack him. You pulled a knife out of your jacket and struck him over the head with it, knocking him unconscious before continuing in your attack.
You stayed in your flat until someone visiting advised you to leave. You called your mother claiming that others had been responsible for an attack on both you and the complainer. It was your mother that called for an ambulance. When police attended they found the complainer on the sofa in the living room, with part of his internal organs protruding from his abdomen. He had emergency surgery involving removal and repair of part of his kidney. His injuries would have been fatal but for this medical treatment. He spent many weeks in hospital. He had a cut to his head and hand, as well as a 12cm cut to his abdomen that caused life-threatening bleeding. His kidney was ruptured. His small intestine was significantly damaged and the outer wall of his colon torn.
His victim impact statement describes how he was on life support for 5 days and had to attend many hospital appointments for follow up treatment. He has been left with recurring pain and constant anxiety.
You have a criminal record dating from 2015 when you were 18. These include crimes of dishonesty, road traffic offences, breaching court orders, drugs and disorder with the only notable gap being between 2020 and 2023. Three previous convictions involve knives. You have been imprisoned before. When you committed this offence you were subject to an undertaking to appear at Glasgow Sheriff Court.
I have taken into account all that has been said this morning by Mr McPhie and your personal circumstances, all as described fully in the report I have read.
You are aged 29. You had a difficult childhood and a long history of drugs misuse although you have had periods of abstinence. You have also misused alcohol. You have been in employment previously, and are now unemployed. You had mental health difficulties reporting depression and anxiety. You have been admitted to hospital as a result of overdose. You accept some responsibility for the offence.
The author of the criminal justice and social work report assesses you as a medium level of risk of reoffending.
You carried out a vicious, sustained and unprovoked attack with a knife on someone you had met for the first time that day. The injuries you inflicted were severe and life threatening. You took no action to assist the complainer or call for help. It was your mother that called the services. Had she not done that, the complainer may have died.
I am satisfied having regard to your record, the circumstances of the offence, and the terms of the risk assessment in the Criminal Justice Social Work Report, that an extended sentence is necessary to protect the public from serious harm from you.
I impose an extended sentence with a custodial term of 11 years. That is reduced to 8 years and 3 months because of the stage you pled guilty.
The second part of the extended sentence is called the extension period, during which you will be released on licence on conditions which will be fixed at that time by the Scottish Ministers. Should you breach those conditions or commit another offence, you may be returned to prison in respect of the current matters. This would be over and above any punishment for a new offence. I consider that the need to protect the public from you requires me to fix the extension period at 3 years.
This is an extended sentence of 11 years and 3 months of which 8 years 3 months is the custodial period and 3 years the extension period.
The sentence will be backdated to 24 May 2024."