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.

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.

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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 David Cairney

Aug 9, 2024

At the High Court in Dundee, Lady Drummond imposed an extended sentence of 13 and a half years on David Cairney, after he pled guilty to attempted murder. The extended sentence comprises a custodial term of 10 and a half years with an extension period of 3 years.

On sentencing Lady Drummond made the following remarks in court:

"You pled guilty to attempting to murder your former partner on 15 February 2022.

The circumstances were that you were drinking in the complainer’s flat with the complainer and two other men. You and the complainer argued and you flew into a rage pushing the complainer causing her to fall back and smash a picture on the wall. You were throwing things and punching her. The other men challenged you and tried to pull you away from her. You picked up your skateboard and struck her on the chest with it. The men left out the living room window fearing for their safety and went to raise the alarm with a neighbour. They were able to flag down a police car they saw when walking down the road and directed the police to the flat. When police arrived they saw you sitting astride the complainer repeatedly punching her with force to the head as she lay unresponsive and unconscious. You grabbed her hair and lifted her head before repeatedly striking it off the floor. This continued while police entered through the window and restrained you whilst you struggled violently with them.

The complainer was unresponsive and placed in an induced coma in hospital. She had suffered numerous blunt force injuries to her head and face. She has suffered a severe traumatic brain injury. She spent 3 months in an induced coma and 7 months in hospital. She is still battling with the damage to her brain, the daily effects on her memory, her concentration and her mobility. Your actions have had a devastating impact on her physical, emotional and mental health. She is physically disabled, unable to work and requires support to live. Her life has been changed permanently.

You are today 35 years old and 32 at the time of these offences.

You have 33 previous convictions dating back to 2011. These include convictions relating to dishonesty, drug offences, and violent offences including for assault and assault and robbery and breaching court orders. You have been sent to prison before.

The criminal justice and social work report assesses you as a maximum risk of reoffending.

You have had previous drug and alcohol issues and attended recently a drinking programme while in prison.

You suffered childhood trauma yourself. You have expressed regret about your actions although have no memory of the incident.

The only appropriate sentence for a crime of this gravity is imprisonment.

In light of the report and all the circumstances, I am satisfied that the period for which you would have otherwise been on licence would not be adequate to protect the public from serious harm from you when you are eventually released. For that reason I am going to pass on you an extended sentence.

The first part is called the custodial term and it sets the period which you should spend in prison.

In respect of the charge of attempted murder I sentence you to an extended sentence of 13 and a half years. That is made up of a custodial period of 12 years. That 12 year period will be reduced to (10 and a half years) because of the stage you pled guilty.

The second part of the extended sentence is called the extension period, during which you will be released on licence on conditions which will be fixed at that time by the Scottish Ministers. Should you breach those conditions or commit another offence, you may be returned to prison in respect of the current matters. This would be over and above any punishment for a new offence. I consider that the need to protect the public from you requires me to fix the extension period at 3 years.

It will be backdated to 17 February 2022 when you were first on remand.

I also make a non-harassment order with condition that you do not approach or contact or attempt to approach or contact the complainer in this case for an indefinite period. "

8 August 2024