Scott Goldie v. Her Majesty’s Advocate [2016] HCJAC 69

Note of appeal against sentence:- The appellant was convicted of brandishing a knife and punching the complainer who was aged 17 which resulted in him having to undergo extensive dental treatment. It was submitted here on behalf of the appellant that a custodial sentence was inappropriate having regard to a number of factors:- (1) the timing of the plea; (2) the minor schedule of previous convictions placed before the court which included a minor road traffic matter and a breach of the peace which meant he had never previously served a sentence of imprisonment; (3) the appellant had a successful work record with the Royal Navy over a period of 20 years and a positive character reference was available which had not been placed before the sheriff at sentencing; and (4) section 204 of the Criminal Procedure (Scotland) Act 1995 applied which meant that the sheriff had to be of the view that there was no appropriate disposal other than custody which could not be said in the present case given the appellant’s willingness to participate in community based work. Here the court allowed the appeal and quashed the custodial sentence and imposed a one year community payback order with a condition to carry out unpaid work of 100 hours to be completed within the year and a condition to participate in such anger management and dispute resolution program or programs as ordered by his supervising officer.