SENTENCING STATEMENTS
A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk.
The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.
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.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v Colleen Muirhead or Lornie
Sep 28, 2023
On sentencing Lord Fairley said:
“Colleen Muirhead, you pleaded guilty under section 76 procedure to embezzlement from your employer of a sum of over £1.5 million over a period of more than 6 years.
I have read the Criminal Justice Social Work Report prepared for today’s hearing, and I note that there are many factors in your background which provide context for your conduct. To the extent that those factors are mitigatory, I have taken them fully into account in the sentence that I am about to impose.
I have listened carefully to what has been said on your behalf by Mr Gilmartin today and have noted the matters which he highlighted from the report. I also take into account the state of your health, the fact that you have no previous convictions, and that you have shown remorse.
Having regard to the scale of your embezzlement and the massive breach of trust that it represented, however, you will appreciate that only a custodial sentence is appropriate.
Had you been convicted after trial, the sentence that I would have imposed would have been one of imprisonment for 5 years. Having regard to the timing of your plea, I will modify that period to one of 3 years and 4 months (40 months). As you have been on bail to date, that sentence will commence today.”
28 September 2023