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.
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 Scott Nairns
May 24, 2024
On sentencing Lord Young made the following remarks:
“Scott Nairns, you were found guilty of a charge of attempted murder. You attacked your victim while he was going about his everyday duties for your landlord, Link Housing. The attack took place on your 50th birthday and you have told others that you had been drinking for a couple of days. It seems highly likely that your intoxication was a significant factor in your decision to attack your victim.
The injuries which you inflicted on him included multiple facial fractures, a small bleed on his brain and partial collapse of both lungs. I have been provided with a victim impact statement which sets out the continuing physical and psychological effects that your attack has caused him.
I have listened carefully to everything said on your behalf by Mr McConnachie in mitigation. I have also re-read a number of psychiatric reports prepared in advance of the trial as well as the criminal justice social work report (CJSWR).
Although a lack of responsibility for your actions due to mental illness was not advanced at the trial, I do accept that you have a history of a head injury from 1997 and a history of mental health issues including clinical depression. You appear to have developed an obsession that Link Housing was causing you harm in some way. I approach the task of sentencing you today on the basis that intoxication was likely the primary catalyst for your actions that day. However, I also accept that your medical history – whether by way of psychiatric issues or subtle neurological damage - may have blunted your decision making faculties to some extent.
You have a previous conviction for assault to severe injury and permanent disfigurement. That offence is from over 20 years ago but it is still of some relevance in sentencing you today. However, of far greater importance in my view are the terms of the CJSWR which assesses you as presenting the maximum risk of offending and causing harm. It recommends that robust monitoring strategies are put in place when you are released from custody. Given the terms of that report, and the evidence that you have an obsession with Link Housing, I have decided to impose an extended sentence today.
That sentence is in two parts. The first part of the sentence is the period of imprisonment. The second part is the extension part when you will be on licence and under supervision in the community. You need to understand that when you are serving the extended period in the community, you will be subject to licence conditions fixed by the Scottish Ministers. If during the extension period you fail to comply with the conditions of your licence, it may be revoked and you may be returned to custody for a further period in respect of this indictment.
Having regard to the nature of the attack on your victim and all your personal circumstances, I sentence you to an extended sentence of 10 years comprising a periodof imprisonment of 8 years and an extension period of 2 years.
The sentence is backdated to 4 March 2022 when you were first remanded in custody.
I also impose a non-harassment order on you. I therefore make an order that you must refrain from approaching or contacting, or attempting to approach or contact the complainer identified in charge 2 for an indefinite period.”
22 May 2024