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.  

Follow us if you wish to receive alerts as soon as statements are published. 

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

The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.

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.

Read more about civil judgments.

HMA v Christopher Brown

 

Nov 22, 2024

At the High Court in Inverness, Lady Hood sentenced Christopher Brown to life imprisonment after he was convicted of murder. The punishment part of the sentence, the minimum time spent in custody before parole can be considered, was set at 13 years.


On sentencing, Lady Hood said:

"Christopher Brown, on 25 October 2024 you were found guilty by the jury of the murder of Henry White.  You repeatedly struck him and punched him to the head and body.  You then dragged him outside of the house where you were then living.

Victim Impact Statements have been prepared by Henry White’s family.  They speak movingly of their grief at the passing of a much-loved husband, brother and step-Dad:  his kindness and gentleness, and the milestones that he will now miss.  Their lives will not be the same without him, and no sentence which I impose will be enough to help Henry White’s family with their loss.

Christopher Brown, you are aged 36 years, and have 11 groups of previous convictions.  These include convictions for assault, assault to injury, and police assault.  In particular, in 2018, you were convicted at the High Court of an assault to injury and danger of life, and an assault to injury (both of which were domestically aggravated).  In respect of the current matter, you first appeared on petition on 24 March 2023, and were remanded in custody.  You were fully committed on 31 March 2023.  Your background circumstances are set out in a detailed Criminal Justice Social Work Report, the terms of which I take into account.  You had only been released from a period on remand in January 2023.  You told the author of the report that you did not intentionally murder Henry White: whilst the report’s author thought that you showed some remorse, you did not link your own behaviour to the death of someone you considered a friend.  Your conviction for this offence represents a significant increase in already serious offending behaviour.  The author of the report assessed that, until you address your offending behaviour, and the impact of your alcohol misuse, and receive long-term support for your mental health, you will continue to pose a direct risk to others.

I have listened with great care to the submissions in mitigation advanced this morning on your behalf by Mr Stewart KC, and I have taken these into account.  I also take into account that you did accept responsibility for Henry White’s death to the extent that you did tender a plea of culpable homicide:  however, the jury of course rejected the submission that Henry White’s killing was culpable homicide rather than murder.

As you understand, the sentence for murder is prescribed by law and is a life sentence.  In the circumstances, and as required by law, I sentence you to imprisonment for life and specify a punishment part – that punishment part will be 13 years.  The punishment part will run from 24 March 2023, the date when you were first remanded into custody in respect of this offence.  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 13 year period, and will be decided on the basis of the risk you are assessed to pose at that time."