SENTENCING STATEMENTS

 

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HMA v Michael Joyce

 

Dec 5, 2024

At the High Court in Stirling, Lady Poole sentence Michael Joyce to life Imprisonment after he was convicted of murder. Lady Poole set the punishment part at 16 years. This is the minimum time the offender will spend in prison before he can be considered for release on parole.

On sentencing Lady Poole made the following remarks in court:

"Michael John Joyce, you were convicted by the jury at Edinburgh High Court on 6 November 2024 of murder, with a bail aggravation.

Your victim Michael White was a vulnerable, emaciated and frail 61 year old man with heart problems.  At the time of his death, you were a well built 31 year old man, living in Kyle of Lochalsh. Your victim was in your house when he was struck repeatedly with significant force. 

The jury found you were responsible for attacking him.  Three of his ribs were broken and there were tears in his bowel and liver.  He died of complications of trauma, including significant bleeding into his abdominal cavity.  There was a delay in seeking medical help, which is a tragedy, because there was some evidence that if medical help had been obtained sooner, your victim might potentially have survived. 

You then tried to cover up the crime.  Your victim’s clothes were changed, items thrown into the sea, photos and a video taken, and his body left in a room with photographs of his deceased wife nearby.  You concocted a story to tell to the police and others.  In fact, as the jury found, you had murdered Michael White. 

Your victim had struggled after his wife had died, but was described by people who knew him as a kind and gentle man, who put other people first, and who supported local causes.  He did not deserve to die, and his family and friends did not deserve the shock and grief they have felt at his death.   I have read a victim impact from his son, who describes the adverse emotional, psychological and financial impact on him of his father dying in the circumstances he did.

You have a significant number of previous convictions, which include crimes of violence, crimes of dishonesty and other matters.  You have previously served periods of detention. 

I have considered the criminal justice social work report that I requested.  You have continued to deny your guilt, claiming you have been framed for this offence.  You have expressed regret for the death of your victim.  A risk assessment found you at maximum risk/need. 

I have taken into account everything said on your behalf in mitigation, including your troubled background, that weapons were not used in the attack on your victim, and a lesser degree of violence was used than in some other cases. 

Nevertheless this is an appalling crime.  There is only one sentence for murder. I sentence you to life imprisonment.  The punishment part I fix is 16 years. That 16 year period represents the time necessary to satisfy the requirements of retribution and deterrence.  In setting the punishment part I have taken into account the seriousness of your offence, and your previous convictions, then added 6 months for the bail aggravation.  This does not mean this is a sentence of 16 years.  It means you will serve at least 16 years before you can be considered for release on parole.  Your sentence is life imprisonment.  It will be for the Parole Board to determine whether you will ultimately be released, and they will consider the safety of the public in reaching that decision.  Your sentence is backdated to 8 June 2023 when you were first remanded in custody"