SENTENCING STATEMENTS

On Sentencing, Lady Hood said:

"On 18 October 2024 you tendered a plea of guilty by way of accelerated section 76 procedure to a charge of culpable homicide.

"On 2 February 2024, you had congregated with other youths in Elgin town centre, where you consumed alcohol and became intoxicated.  You sought to take a bus home, but you were refused travel because of your intoxication.  You protested and remonstrated with the bus driver, Mr Keith Rollinson, and you pointed your mobile telephone in his face and apparently attempted to film him.  Mr Rollinson grabbed the telephone from you, and there was a physical struggle during which you head butted Mr Rollinson.  When the telephone was smashed on the ground, you completely lost control and during a frenzied attack you rained punches on Mr Rollinson’s head and body.  Mr Rollinson never retaliated, and you were pulled away by another youth.  Very shortly thereafter Mr Rollinson collapsed to the ground, and tragically he never regained consciousness.  It was subsequently discovered that Mr Rollinson had significant heart disease, and was at risk of a sudden fatal cardiac event at any time.  The medical evidence is that it was most likely that the physical altercation with you had ultimately led to him suffering cardiac arrest.

"Mr Rollinson was 58 years at the time of his death.  He had previously served with the RAF, but latterly had been working with Stagecoach Coaches, based at Elgin bus station.  The Victim Impact Statements submitted by Mr Rollinson’s wife and daughters speak of their memories of a true gentleman with a heart of gold, and a wonderful husband and father.  The family have been shattered by Mr Rollinson’s loss, and the extent of their grief is harrowing to read.  The circumstances of Mr Rollinson’s death prevented the family being with him, or saying a proper goodbye, when he passed.  They say that ‘The little things in life have been changed forever, and the big things in life don’t bear thinking about’.  Nothing said or done here today, and no sentence I can impose, will ever be enough to help Mr Rollinson’s family with their devastating loss.

"You are now 16 years of age, having been 15 years old at the time of the offence.  You were said to be well-known to police, social work and the local Children’s Reporter.  You had been reported to the police on numerous occasions for youth offending, including for a previous assault of a bus driver.  You first appeared on petition for this offence on 5 February 2024, at which time bail was refused.  You were fully committed on 13 February 2024.  A letter indicating a desire to plead guilty to the indictment was submitted to the Crown on 25 September 2024.  Your background circumstances are set out in a detailed Criminal Justice Social Work Report.  A report has also been prepared to inform me both of your background, but also of your behaviour and progress in the Secure Accommodation Centre where you have been placed.  I take the terms of both of these Reports into account.  You told the author of the CJSWR that the offence which you have committed will stay with you forever, and that you will not lift your hands again – although the concern of the author of that report is that under the influence of alcohol, you could behave in that way again.  The CJSWR recounts that you began using alcohol at the age of around 13 years, and quickly also began using cannabis.  Your school attendance was poor.  In 2022, a Children’s Hearing made you subject to Compulsory Measures.  Although you made progress, this was not sustained or consolidated.  Your time on remand in secure accommodation has, however, provided you with stability, security and routine.  You have undertaken courses and qualifications, and your behaviour has been commented upon positively.  You feel that you have improved your mental health, with which you have previously struggled.  This is confirmed by the report from the Secure Accommodation Centre, which records the dramatic difference in your behaviour and application to studies and training.  You told staff of your desire to use your time there as a springboard to change the course of your life, and do something positive.  For your own good, and for the good of society as a whole, you have to stay on that path, of now making positive and productive use of your time, so that you may become a productive member of our society in due course.

"I have listened with great care to the submissions in mitigation advanced this morning on your behalf by Ms McCall KC.  I take into account the submissions on the circumstances of the offence, and the impact of this on an assessment of your culpability.  As you understand, the harm which resulted from your actions was of the highest level.  Ms McCall has also highlighted the terms of the two reports, and in particular their possible interaction with applicable Sentencing Guidelines and the possible disposals open to me.

"I have taken into account that you have not previously been sentenced to imprisonment or detention.  Given your age, I have regard as I am obliged to do, to the Guideline on Sentencing Young People.   As you will appreciate, given the nature and seriousness of the crime of which you have been convicted, detention is the only appropriate method of dealing with you.  However, I then must bear in mind that the Sentencing Guideline specifically indicates that “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”.  I also do not take the view that the test for imposing a Supervised Release Order or an Extended Sentence would be met, given your age and the assessment of risk in the CJSWR.

"In setting the length of the sentence of detention, I take full account of all that I have heard.  A full discount also requires to be applied, to reflect your tendering of a plea at the earliest opportunity.  In the whole circumstances, and having specific regard to your age, I would have sentenced you to a period of detention of 6 years and 6 months.  However, as I have just indicated that must be modified to take account of your tendering of a guilty plea at the earliest opportunity.  Accordingly, I now sentence you to a period of detention of 4 years and 4 months.  The sentence of detention will be backdated to 5 February 2024, that being the date when you were first placed in secure accommodation in relation to this case."