SENTENCING STATEMENTS

On passing sentence, Lord Scott said the following to the accused:

“You have been found guilty of the murder of Cameron Rae on 8 April 2023, just over 18 months ago.  In convicting you, the jury accepted that the Crown had proved either that you wickedly intended to kill Cameron Rae or that you assaulted and fatally wounded him with wicked recklessness as to whether he lived or died.  

There is a Victim Impact Statement in this case, prepared by Cameron Rae’s mother, Kerry Burgess, on behalf of his whole family.  She describes the continuing daily impact on them in many different ways, including on their mental and physical health. She says that Cameron’s death has ‘ripped her family apart’. It is clear that there has been a significant impact on that family.  Nothing said or done here today, and no sentence I impose will be enough to help Cameron Rae’s family with the devastating loss of a much loved son and brother.

Before passing sentence, I asked for a Justice Social Work Report.  This was with a view to finding out more about your background and any other relevant information.  

The report expands on some of the evidence heard at trial about excessive consumption of alcohol and cocaine around the time of your crime. It appears that your grandmother had died only a few days earlier and you were coping badly with the bereavement, in particular in becoming so intoxicated that your judgment was impaired. In your own words, at the time you were “out of control”. Obviously having become intoxicated is no excuse whatsoever for what you did.

I note that you now claim to be drug free and intend to remain so. Despite that claim, I note that you have been charged with a drugs offence while in custody. It would be very much in your interests to build on any progress by accepting the help and support available to you in custody in order not to relapse again. That may be key to reducing the risk you pose of further offending.

The report gives me detail of various adverse childhood experiences which continue to affect you. I leave out of account what you told the author about selling drugs for a lengthy period to provide you with an income.

I note also what Mr Goddard has said on your behalf this morning, in particular that you may be starting to appreciate the impact on Cameron Rae’s family. This would no doubt be better achieved if you were to undertake offence focussed work in custody.

I note that you now have convictions but none in any way as serious as this matter. I give no weight to your other offending.

Despite having heard all the evidence in this case, the full detail of what happened in that period of 2 minutes 21 seconds on 8 April 2023 remains unclear.  The jury rejected the submission that the killing was culpable homicide, concluding that you were guilty of murder. On the evidence, it seems that you lost your temper when Cameron Rae made some derogatory reference to your father. Nothing he could have said would ever be enough to explain or excuse what you did.

I have considered all that is said in the Justice Social Work Report and all that has been said on your behalf by Mr Goddard, in particular that you have always accepted responsibility for the death of Cameron Rae. Mr Goddard has mentioned recent authority from the Appeal Court which considered the selection of punishment parts for young people. While there are some similarities here, unlike that case, there is little tangible prospect of rehabilitation at the moment. Your reported lack of insight and failure to grasp opportunities for help with addiction and other issues point the other way meantime. You are also older than the appellant in that case.

The sentence for murder is prescribed by law and is a life sentence. You are 20 years old and, at the time of the murder, you were 18. I accordingly have regard to the Guidelines for the Sentencing of Young People which are relevant in your case. I bear in mind what is said in paragraphs 20 and 21 of the Young Persons Guideline, in particular in paragraph 21 which states:

If a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence.

Your sentence is therefore less than it would have been had the Guidelines not applied.

In the circumstances and as required by law, I sentence you to detention for life and specify a punishment part of 16 years.  Your sentence will commence in a young offenders institution. The punishment part will run from 11 April 2023.  You should understand that this period represents the minimum time you will have to serve before you can be considered for parole.  Whether, and if so, when, you are released will be a matter for the Parole Board to determine after that 16 year period and will be decided on the basis of the risk you are assessed to pose at that time.”

6 November 2024