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HMA v Bradley Logan and Conor Whalen
Jul 26, 2023
On sentencing, Lord Doherty said:
"Bradley Logan and Conor Whalen you have both pled guilty to two very serious crimes. Charge 4 was wilful fire raising. Charge 7 was wilful fireraising to the danger of life and attempted murder. In each case you set fire to a house which was a family’s home. It was obvious that the fires would be likely to endanger anyone in the houses or in neighbouring properties.
However, I have regard to the fact that in the case of charge 4 the occupants had left the house the day before and that the charge does not include an aggravation of danger to life. In the case of charge 7 the occupants were present and the attack took place at a time when they might well have retired for the night. Fortunately, they discovered the fire and were able to extinguish it.
Bradley Logan, you have a bad record of previous convictions the most serious of which is a recent conviction for attempted murder for which you were sentenced on 10 May 2023 to a 10 year extended sentence with a 7 year custodial part and a 3 year extension period. That offence was committed on 15 September 2020. The gravity of that previous offence is a significant sentencing factor. It is also clear that the sentence which I impose for these offences should be consecutive to the sentence which you are currently serving. On the other hand, I recognise that the totality principle makes it appropriate for me to take account of the cumulative effect of the sentence for that offence and the sentence which I am about to impose.
I have regard to everything which has been said on your behalf. I note your difficult upbringing. At the time of these offences you were aged 23 years and 10 months. I give you credit for pleading guilty. Had you not pled guilty at the stage which you did, and if I was making no allowance for the totality principle, the sentence I would have imposed would have been a cumulo sentence of 12 years imprisonment, 6 months of which would have been attributable to the bail aggravations. Making allowance for the totality principle the headline sentence I arrive at is 10 years and 6 months’ imprisonment, 6 months of which would have been attributable to the bail aggravations. In view of your plea of guilty I reduce that headline sentence to 7 years 10 months and 15 days’ imprisonment. However I also require to take account of the period of almost 9 months when you were on remand for the present offences from 12 May 2022 until the sentence which you are currently serving commenced on 9 February 2023. I will do that by deducting a further 13 months and 15 days from your sentence. The end result is that the sentence which I pass on you is a cumulo sentence of 6 years and 9 months’ imprisonment. That sentence is consecutive to the total period of imprisonment to which you are already subject.
Conor Whalen, you also have a bad record, but I recognise that it is less serious than your co-accused. You have been convicted on indictment on several previous occasions and have received sentences of up to 21 months’ detention. However, this is your first High Court conviction. I have regard to what has been said on your behalf. At the time you were aged 25 years and 3 months. I give you credit for pleading guilty when you did.
Having regard to your offending and the risk assessments contained in the Criminal Justice Social Work Report, I am satisfied that in your case the normal period of licence would not be adequate to protect the public from serious harm from you when you are in due course released. I will therefore impose upon you an extended sentence, which sentence will be in two parts.
The first part will be custodial. The second part will take the form of an extension period when you will be under supervision while on licence in the community. The conditions of your licence will be set by the Scottish Ministers. If you fail to comply with the conditions during the extension period your licence will be revoked and you may be returned to custody for a further period in respect of these offences. The Court also has power to deal with you if you commit a further offence after your release from the custodial part of this sentence and while you are on licence and under supervision.
Had you not pled guilty at the stage which you did the sentence I would have imposed would have been a cumulo extended sentence of 12 years’ imprisonment, with a custodial part of 9 years and an extension period of 3 years. 6 months of the custodial part would have been attributable to the bail aggravations. In view of your plea the sentence which I pass on you is a cumulo extended sentence of 9 years and 9 months’ imprisonment being a custodial part of 6 years and 9 months and an extension period of 3 years. That sentence will be backdated to 12 May 2022 when you were first remanded in respect of these charges."
26 July 2023