SENTENCING STATEMENTS

On sentencing, Lord Colbeck said: 

"Esayas Neguse, on 24 June 2024 you pled guilty, on the third day of a trial, to the attempted murder of Muhammad Shoaib, the assaults of two of his colleagues, possession of a knife, behaving in a threatening and abusive manner in Govan police station and assaulting a police custody support officer, by spitting at her.

The circumstances of the offence were narrated to the court in detail when the case last called. Put shortly, on the afternoon of 21 September 2022, armed with a knife, you entered the office of your solicitor, Muhammad Shoaib, in Victoria Road, Glasgow and proceeded to attempt to murder him -  by assaulting him, struggling with him, repeatedly attempting to strike him on the neck and body with the knife you had brought with you and repeatedly striking him on the body with that knife, all to his severe injury, permanent disfigurement and to the danger of his life.

As two of Mr Shoaib’s colleagues attempted to restrain you, you assaulted them also – head-butting one and biting the hand of the other.

Having been arrested at the scene and taken to Govan police station, the following day you proceeded to behave in a threatening or abusive manner there, shouting, swearing and acting in an aggressive manner towards two police custody support officers, before assaulting one of them by spitting on her face.

You are 37 years of age. You have eleven previous convictions, arising between August 2018 and December 2021. Your last convictions attracted the first custodial sentence imposed upon you.

A number of your convictions are for offences of violence and threatening and abusive behaviour. Notwithstanding your record, the present offences represent a significant escalation in your offending behaviour.

In determining the headline sentence I am first required to assess the seriousness of the present offence.

The seriousness of an offence is determined by two things: the culpability of the offender and the harm caused, or which might have been caused, by the offence. As either or both culpability and harm increase, so may the seriousness of the offence.

In assessing culpability, the court requires to assess the blameworthiness of the offender at the time of committing the offence. The factors relevant to the assessment of culpability in your case are that you attempted to murder a solicitor who was representing your interests and did so using a weapon you were carrying for that purpose. I take account also of the fact that a degree of planning was involved – on your own account, you went to Mr Shoaib’s office with the intention of assaulting him.

In my assessment, those factors are redolent of a high degree of culpability.

An offence will, generally, be regarded as more serious the greater the amount of harm caused, or which might have been caused, by the offence.

The injuries sustained, which you accept were severe and occasioned permanent disfigurement and were to the danger of Mr Shoaib’s life, are indicative of an exceptionally high level of harm.

Taken together, the offences committed by you are exceptionally serious.

I turn to consider the aggravating and mitigating factors present in this case.

In terms of aggravating factors, I have regard to your relevant previous convictions; and to the fact that the offences were committed whilst you had been released early from the 12 month sentence imposed in December 2021.

There is little by way of mitigation. I do, however, recognise that you are described as having a significant history of mental illness. In the past you have been made the subject of a compulsion order. You appear to understand the gravity of the offences to which you have pled guilty and have attempted to convey regret for your actions. I accept that you are genuinely remorseful, notwithstanding that that is less than clear from the report prepared for the court.

I have regard also to all that is contained within the criminal justice social work report and to all that has been said on your behalf today by Mr Kerrigan KC.

The gravity of the charges to which you have pled guilty, particularly the charge of attempted murder, is such that there is no other method of dealing with you other than by the imposition of a lengthy custodial sentence.

I am satisfied that the period for which you would otherwise have been on licence would not be adequate to protect the public from serious harm from you when you are eventually released. I will, accordingly, impose an extended sentence that consists of a custodial term and an extension period during which you will be subject to licence conditions.

Such a sentence is, in my assessment, necessary to protect the public from your offending behaviour; to punish you as a consequence of your criminal behaviour;  and to express society’s concern about and disapproval of your offending behaviour.

Custodial Term

In cumulo, in respect of charges 1 – 4 inclusive, you will go to prison for a period of 10 years; in respect of charges 5 and 6, in cumulo, you will go to prison for a period of 12 months. The sentence in respect of charges 5 and 6 will run consecutively to that imposed in respect of charges 1 – 4. Accordingly, the custodial term is one of 11 years.

That term will run from 22 September 2022, the date upon which you were first remanded in custody in relation to this matter.

Extension Period

The second part of the sentence – the extension period - will be served in the community. From the date of your release, you will be under licence for a period of 5 years. The conditions of your licence will be 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 case. The court also has power to deal with you if you commit another offence after your release and while you are on licence."