SENTENCING STATEMENTS

 

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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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HMA v Keith Russell

 

Apr 3, 2020

At Hamilton Sheriff Court today (13 February 2020) Sheriff Daniel Kelly QC sentenced Keith Russell to 5 years imprisonment after he was found guilty of an attacking a man with weapons.

On sentencing, Sheriff Daniel Kelly QC made the following statement in court:
 
“You have been convicted of a barbarous attack upon an unsuspecting individual on 7 July 2018 in Newmains, Wishaw.
 
Scott Chambers was simply coming to take his daughter away from a fraught situation.
 
Having recently undergone an operation to his hand, he was restricted in what he could do.
 
Having been seen coming out of the block of flats with an axe, it appears to have been you who started the attack upon him.
 
No explanation emerged other than Scott Chambers saying that a girl had just walked towards him and had said that his daughter had hit her gran. That is your mother.
 
Scott Chambers was then struck by the axe. Others joined in from right and left.
 
He was hit on the back of the head with a piece of tarmac, then the axe once again hit his head. He fell and some sort of bat struck him in the eye. He felt a golf club on top of him.
 
He managed to get up and started trying to run away. He reached the corner when someone seized his top and he was being hit on the head with a hammer.
 
Scott Chambers heard someone tell the others to break his legs. Two others came over with a full-sized sledge hammer and hit his legs, which went from under him.
 
He told them that he was dying there.
 
Clearly, this has had a significant effect upon Scott Chambers.
 
Due to post traumatic stress he has anxiety and memory difficulties. He told us of brain injuries. He has been in and out of hospitals, to all different departments. It has affected his communication.
 
For such a brutal and prolonged attack with weapons upon an unsuspecting person, simply perhaps because of what his daughter was thought to have done earlier, a significant sentence is called for.
 
I shall impose a sentence of 5 years imprisonment.”