John Cairney v. Her Majesty’s Advocate [2015] HCJAC 31

Appeal against sentence:- The appellant was convicted of a charge of attempted murder and sentenced to a period of 10 years imprisonment. He appealed against his sentence on the grounds that it was excessive. Here the court refused the appeal and pointed to the following factors:- (1) premeditated and vicious attack on a man walking along a public road; (2) the appellant along with another, attacked the complainer from behind and was repeatedly struck on the head and body with a metal pole and stabbed with a knife; (3) had it not been for two bystanders coming to his aid and to the subsequent medical treatment the complainer would have died. Here the court considered that, notwithstanding the limited criminal record of the appellant and that he has never previously received a custodial sentence, the sentence imposed fell within the range of disposals available to the sentencing judge.