SENTENCING STATEMENTS
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Read more about victims of crime and sentencing.
HMA v Barry Thomas Marshall
Jul 25, 2024
On sentencing, Lady Poole told Marshall:
“Barry Thomas Marshall, you were convicted by the jury of attempted murder and robbery, together with your co-accused Marion Hawkins. She will be sentenced on a separate occasion.
Your victim was a man in his 60s, who was off work ill. You and your co-accused had driven to a village to confront your victim about a safe he was looking after. He had the misfortune to answer the door to you while he was on the phone to his sister.
Your co-accused struck your victim first, then you entered behind her with a machete. You demanded to know where the safe and money were. You proceeded to attack your victim with the machete in a number of rooms in the house. You were aiming blows at his head and neck area, and he put his arms up to stop them landing. You even landed a blow on his back as he attempted to escape you.
Your victim suffered severe injuries to his face, arms, back and leg, including lacerations down to the bone. Near the end of the attack, your co-accused realised he had a phone in his hand, so it was taken from him. It was later found on a grass verge in the countryside, having been thrown out of the car in which you both left the scene of the crime.
The jury found you and Marion Hawkins were jointly criminally responsible for what happened.
As a result of this attack, as well as lacerations, your victim sustained nerve, muscle and tendon damage to his hands. You left him lying on the ground bleeding. His hands would not work to use a phone to ask for help. He managed to crawl out and kick his neighbour’s door, who summoned help.
He was in hospital for over three months as a result of his injuries. He was unable to live on his own for some time after that. A victim impact statement sets out the long term physical and emotional consequences for him. He has been left with permanent impairment to his hand function, which makes many basic day to day activities challenging. There have also been serious financial consequences for him. As he says, he will always live in fear because of what you did.
I have had regard to the criminal justice social work report. The assessor notes that significant planning would have been involved in these crimes. On assessment you were scored at a medium level of risk and needs, although the assessor thought you were an ongoing risk of causing lethal harm to victims. You do not accept responsibility for these crimes as you maintain you were not involved in attacking your victim.
I have had regard to everything said on your behalf in mitigation, including your troubled family upbringing, history of work, and your family responsibilities. You have a number of non-analogous previous convictions, mostly dated, and mainly traffic related offences and one offence of possession of class A drugs.
You were 36 years old at the time of this appalling attack, and are now 41. I have taken into account that you have not previously been sentenced to imprisonment or detention. But given the nature and seriousness of the crime of which you have been convicted, no other method of dealing with you is appropriate. I sentence you, in cumulo for the offences of attempted and murder and robbery in charge 1, to 10 years imprisonment, backdated to 13 June 2024 when you were first remanded in custody.
Finally, I have decided the statutory tests for making a non-harassment order have been met. I make a non-harassment order in the following terms. You must refrain from approaching or contacting or attempting to approach or contact your victim, whose details will be set out in the court order, for a period of 20 years from today’s date. You are also excluded from attending or entering the address set out in the court order, or any other address at which your victim resides in the future, also for a period of 20 years from today’s date.”
25 July 2024