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 Alan Crawford

 

Mar 29, 2023

At Glasgow Sheriff Court today, Sheriff Kelly sentenced Alan Crawford to 12 months imprisonment and imposed a 5 year football banning order after the offender pled guilty to assault during a match at Ibrox Stadium.


On sentencing, Sheriff Kelly said:

“Mr Crawford on 1 March 2023 you pled guilty to the single charge on the indictment of assaulting the named complainer by throwing a bottle at him, which struck his head causing severe injury and permanent disfigurement.

This assault occurred during a football match between Rangers and Celtic at lbrox Stadium, on 3 April 2022, now almost one year ago.

The complainer, Mr Friel, was employed there as Celtic Football Club team physiotherapist and he was seated for the match along with other members of staff behind the away team's dug out.

Mr Friel stood up to make his way from the stand. As he did so, he felt a thud on the left-hand side of his head and then observed a small bottle lying on the ground. He was bleeding from the injury. He made his way towards the dressing room where he was treated by the club doctor.

Police officers viewed CCTV footage of the area showing the incident in full. I have viewed that footage today.

It shows you picking up a bottle from the ground, throwing it - causing it to strike the complainer’s head.

Mr Friel was treated initially at the stadium.  He sustained a 4cm laceration to the left-hand side of his scalp which required four stitches and will leave him with a permanent scar on his scalp.

I have considered very carefully all that has been said on your behalf by Mr Diamond and read over the various references lodged by you and others vouching for your character and how those who know you and work with you consider this offence to be out of character.

I have considered the CJSW report and the various options suggested by the author.

I note that you have few previous convictions.  You have previously been made subject of a community based order which was breached and concerns were expressed about your engagement with aspects of that order.

I have also considered the conduct featuring on the indictment. 

This was an attack upon an individual in the course of his employment. 

The throwing of a bottle in these circumstances was not only an act of mindless violence – it had significant consequences for the person you grievously injured.  Those consequences will stay with him for the rest of his life.

I note that you have never before served a custodial sentence. Before considering that option the court requires to be satisfied that no other method of dealing with you is appropriate.

In arriving at a just sentence, the court is enjoined to have regard to the principles and purposes of sentencing recently set out in some detail by the Scottish Sentencing Council. These guidelines provide that in selecting a sentence the court must have in mind several enunciated purposes of sentencing and must always reflect what are described as the core principles of fairness and proportionality.

I consider the following purposes of sentencing have application in this case:

  • Protection of the public. The court must ensure in its sentencing that this sort of grave conduct - at events such as this - is discouraged and that the public are thereby protected.
  • Punishment. The court requires to punish you for this reprehensible conduct
  • Expressing society’s disapproval.  The court must reflect the revulsion felt by the society it is part of in any sentence it pursues.

Having regard to those purposes of sentencing, I consider that a custodial sentence is the only appropriate method of dealing with you in light of:

  • The gravity of this offence – including the use of a bottle as a weapon;
  • The serious consequences of your actions for the complainer;
  • The context within which this assault was perpetrated – at a highly charged sporting event – directed at an opposing team’s member of staff.

The sentence requires to be modified to take account of your early plea. The sentence will be one of 12 months imprisonment modified from a starting or headline point of 16 months.

The Crown moved the court to make a football banning order. The court may make such an order if it is satisfied, among other things, that:

“there are reasonable grounds to believe that making the order would help to prevent violence or disorder at, or in connection with, any football matches”

(section 51(3)(b) Police, Public Order and Criminal Justice (Scotland) Act 2006)

I am so satisfied.

-        This order, which will run for a period of 5 years, prohibits you from attending any regulated football matches; meaning you are banned from entering any football ground anywhere in the UK

-        Further and during the same period, in relation to any matches in the UK which are part of FIFA or UEFA competitions - and in relation to international or club matches outside the UK involving British national or domestic teams - you must report to a police station if required to do so by notice from the police and surrender your passport to the police if required to do so.

-        you must report to the police station to be specified in the court order and you must also notify Police Scotland within seven days of any changes in your name, address or passport details.

-        All of this is set out in the copy of my order which the clerk of court will give you.”

29 March 2023