SENTENCING STATEMENTS

On sentencing, Lady Scott made the following statement in court:

“On 14 February 2020 at Glasgow High Court you David Sharp and your brother John Brookhouse pleaded guilty to the murder of Daniel McGuigan on 24 May 2019 in Stravanan Street Glasgow.

There was a background here of longstanding bad feeling between members of your family and the deceased resulting in verbal arguments and threats on occasions when you came across each other.

On the day in question the deceased was working in his job carrying out garden maintenance. He was seen by you Mr Brookhouse and you told your brother Mr Sharp. Immediately the pair of you agreed to attack the deceased and you both left the house with that purpose, with you Mr Sharp armed with a knife and you Mr Brookhouse armed with an axe. You saw the deceased standing in the street and you both ran at him and attacked him.

You John Brookhouse raised the axe above your head, and swiped at the deceased two or three times and struck him and you David Sharp repeatedly stabbed him. The deceased tried to defend himself and tried to run away. You chased him and the third accused joined in by hitting the deceased with the piece of wood.

The deceased was shouting and screaming and members of the public shouted at you to leave him alone. He fell to the ground injured and he was bleeding heavily.  Passers by tried to help him. The deceased, was conscious but not responsive. Medical staff arrived and administered treatment but the deceased was pronounced dead at 11.29hrs.

Examination at post mortem identified 3 stab wounds on the deceased. The most significant wound was the stab wound to the right side of the back.  This wound penetrated the chest and the right lung, then travelled upwards and into the heart. This wound caused significant bleeding, and was the cause of death.  The force used was such that the blade of the knife broke.

The deceased also had deep incised wounds to the upper chest and back and there were also numerous superficial incised wounds. Finally there was a laceration to the scalp which could have resulted either from being struck or with impact with the ground. 

You murdered Mr McGuigan just as he reached the time in his life where he faced a positive future. He loved his job. He was engaged to be married and he and his partner had plans for their future, including planning to have a family. His partner has been left traumatised and frightened. He was also well loved by his family. His partner and his family, especially his mother, have been left utterly devastated and forever bereft.

You seized the opportunity of the sighting of the deceased to launch this ferocious and murderous attack upon him, in the mid-afternoon in a quiet local street. The wickedness of this attack requires a significant punishment.

I take into account the background circumstances which I accept involved verbal abuse and threats by the deceased over a very significant period of time, directed to the immediate family of the accused. Nonetheless you have accepted your actions were wicked and your motivation carries the hallmarks of revenge. 

David Sharp. You are 39 years old. You used the knife used in the stabbing which caused the death of the deceased.

You have a varied but persistent pattern of offending over the past 20 years. This includes violence with convictions for assault, one to the danger of life and another at solemn level. You also have convictions for possession of weapons. Finally you have a non-analagous conviction from the High Court.

I take into account you have had a childhood blighted by repeated violence resulting in your sustaining a brain injury. It is in this context that your offending began at a young age.  And this injury leaves you without the insight as to your conduct which you might otherwise have.

I take into account all that has been said by senior counsel on your behalf and the fact by this early plea you have accepted responsibility for this murder.

Mr Sharp I sentence you to life imprisonment. I also have to fix a punishment part which is the period you require to serve before you could apply for release on parole. I order a punishment part of 15 years in custody reduced from a period of 18 years which sentence is backdated to 28 May 2019.

John Brookhouse. You acted along with your brother and you armed yourself with the axe and you were aware your brother was armed with the knife.  Whilst you did not cause the fatal blow you did strike the deceased with the axe in this joint murderous attack.

You also have a criminal record but it constitutes a lessor aggravation than that of your brother. It is all at summary level albeit it includes 3 summary assaults. You have only had one prison sentence of 6 months in 2009 and you have not offended since 2015.  I will reflect this difference in the sentence I impose. 

I take account of the fact you also had a childhood blighted by abuse. I take into account the effect of your sentence upon your children and the family and your recognition of you responsibility for this.

I take into account too all that has been said by senior counsel on your behalf.

Mr Brookhouse I sentence you to life imprisonment. I also have to fix a punishment part which is the period you require to serve before you could apply for release on parole. I order a punishment part of 13 years imprisonment reduced from 16 years which sentence is backdated to 28 May 2019."

21 May 2020