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.

Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. 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.

HMA v Robert Burnett

Jun 27, 2025

At the High Court in Edinburgh, Judge Stirling sentenced Robert Burnett to 5 years and 6 months' imprisonment after the offender was convicted of assault with a motor vehicle to danger of life. Burnett was also disqualified from driving for 9 years and 9 months.

On sentencing, Judge Stirling said:

"Robert Burnett, on 27 May 2025, at the High Court in Edinburgh, you were convicted after trial of assaulting Shaun Murray and driving your Ford Transit van at excessive speed, striking him on the body with your van and driving over him to his severe injury and to the danger of his life. The injuries Shaun Murray sustained were a large complex low liver lobe laceration; bilateral renal lacerations; multiple right side rib fractures on the 6^th to 10^th ribs; a small left side pneumothorax; contusions in the middle and right lower lobes; occipital laceration and haematoma; and injury to the right wrist. You had been charged with attempting to murder him, but the jury did not find that part of the charge proved.

You were 26 years old at the date of the offence and you are now 28. You have previously been convicted of less serious offences.

I note from the Criminal Justice Social Work report that you do not accept your guilt and that you intend to appeal against conviction.

The report also tells me that you were brought up by your mother, and had regular contact with your father. You had a good relationship with both of your parents, and they were both very supportive of you. I note that when your mother became terminally ill, your father moved into your home so that he could care for her. Your father still lives with you. You have been in a relationship with your partner for over three years, who also lives with you. You own your own house. You did well at school. You completed an electrical apprenticeship and worked for various companies before setting up your own electrical company 4 years ago. You have a supportive social circle. The risk assessment does not suggest that you pose an imminent risk of harm. The report writer has assessed you as not posing an ongoing risk of serious harm which would require a period of extended post release supervision.

I have read the 24 letters of support from your friends, family and business associates.

I have also taken into account everything said by Mr Nicolson KC.

Custody is the only appropriate disposal, having regard to the serious nature of your offending.

The sentence I am imposing is a sentence of 5 years and 6 months imprisonment. The sentence will run from today because you have been on bail throughout.

I am also satisfied that the van was used for the purpose of committing or facilitating the commission of the offence, in terms of section 248 of the Criminal Procedure (Scotland) Act 1995. I will disqualify you from holding or obtaining a driving licence for 9 years and 9 months, being a disqualification period of 7 years, with an additional 2 years and 9 months reflecting approximately half the length of the custodial sentence.

The reasons for this sentence include punishment, protection of the public, and rehabilitation in a custodial setting."