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.

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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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Read more about victims of crime and sentencing.

HMA v Jamie McPharlane

Nov 27, 2025

At the High Court in Glasgow, Judge Arrol KC imposed an extended sentence of 11 years on Jamie McPharlane. The offender was convicted of attempted murder involving a sharp instrument. The punishment part of the sentence sees McPharlane imprisoned for 8 years and with a further 3 years on licence in the community.

On sentencing, Judge Arrol KC told McPharlane:

“Jamie McPharlane, on 24 October 2025, you were convicted by a jury of your peers of assault to severe injury, permanent disfigurement, danger of life and attempted murder, involving the use of a sharp instrument.

On 25 November, 2022 you were within a public house when you had a minor incident with the complainer. You left, returned to the street you lived on, armed yourself, then found and attacked the complainer. He had been on a night out. He was walking home. You stabbed him resulting in wounds on his chest and shoulder. He managed to make his way home to call his sister to rescue him.

The complainer was taken to hospital shortly thereafter. A CT scan showed he had a collection of blood in the right side of his chest measuring 2.7 cm deep. It was a matter of agreement that the heart is typically 4 cm deep beneath the skin on the chest. Treatment ensued and he was discharged from hospital on 30 November 2022. He has scarring. This was a pre-planned attack of the most significant degree, murderous which the complainer really thought he was going to die from.

I have read the Victim Impact Statement from the complainer. It is clear that this offence has had a profound effect upon him, physically, emotionally and financially, damaging relationships and precluding him from working for long periods of time.

I have taken into account all that has been said on your behalf by Mr Hiller this morning, all that is in the criminal justice and social work report, the neuropsychological assessment and speech and language therapy assessment report.

You are now 29. You had a happy and supportive upbringing, allowing you to overcome any difficulties. However, you suffered significant, complex and traumatic health issues. I note the current position in relation to this and undoubtedly this has had a major impact upon you.

You have no recollection of events.

Your offending has been at summary level, contraventions of the Road Traffic Act. You have no convictions for violence or any convictions at solemn level.

The author of the criminal justice and social work report assesses you as minimal risk of re-offending within the next two years using the LSI-R:SV tool. However, the risk of serious harm assessment has been assessed as High Risk.

Standing the risk of serious harm assessment and the nature of this offence, I am satisfied that the period for which you would be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from you.

Accordingly, the sentence which I am going to impose is known as an extended sentence. It is in two parts. The first part of the sentence is the period of imprisonment. The second part is the extension part when you will be on licence and under supervision in the community. When you are serving the extended period in the community, you will be subject to licence conditions fixed by the Scottish Ministers. If, during the extension period you fail to comply with the conditions of your licence, it may be revoked, and you may be returned to custody for a further period in respect of this indictment.

In all the circumstances, I sentence you to an extended sentence of 11 years comprising a period of imprisonment of 8 years and an extension period of 3 years. It is backdated to 24 October, 2025, the date of your remand in respect of this matter.

That is all.”

27 November 2025