SENTENCING STATEMENTS

On sentencing, Judge McCallum KC said:

"Ross Platt, at this court on 3 December 2024, a jury convicted you of assaulting Aileen McIntyre by pushing her on the body and repeatedly punching her on head; and of assaulting Thomas McBrearty by repeatedly striking him on the body with a knife or similar implement to his severe injury, permanent disfigurement and to the danger of his life; and by so doing, of attempting to murder Thomas McBrearty.

Both these offences were committed whilst you were the subject of two bail orders in relation to public order offences.

On the evidence, Thomas McBrearty was an acquaintance, and indeed a friend, of yours. On the evidence, it appears that on the afternoon of 23 March 2023, whilst you were in his company and the company of another friend or acquaintance, Aileen McIntyre then joined your company.

On the evidence, Aileen McIntyre asked one of your group where she could purchase controlled drugs; and the group of you then went to your block of flats.

During the trial it was suggested that Aileen McIntyre then gave you money to buy drugs for her; but that you then claimed that a man had taken the money from you and had not supplied drugs in return.

On the evidence, an altercation thereafter developed between you and Aileen McIntyre on the outside first floor landing at your block of flats, during which you pushed her on the body and punched her twice on the head. That is Charge 2.

On the evidence, Thomas McBrearty then intervened to try and split you and Aileen Mcintyre up. He was seen on CCTV footage ushering you away along the landing away from Aileen McIntyre.

By their verdict, the jury decided that at a point in time shortly after that you assaulted Thomas McBrearty by repeatedly striking him on the body with a knife or similar implement to his severe injury, permanent disfigurement and to the danger of his life; and that in so doing, you attempted to murder Thomas McBrearty. That is Charge 3.

As a result of your attack upon him, Thomas McBrearty sustained a full thickness laceration to his liver; and a piercing wound to his right kidney that went through his kidney and out the other side. He required the insertion of a chest drain to the right side of his chest, a blood transfusion, the administration of antibiotics and interventional radiology.

His injuries were consistent with being inflicted by a sharp instrument.

His injuries were assessed and agreed to be severe, life-threatening and permanently disfiguring.

Whatever the background to its commission, the jury by its verdict decided that you assaulted and stabbed the complainer Thomas McBrearty; and that in so doing, you demonstrated either the necessary wicked intention to kill, or alternatively the necessary wicked recklessness as to the consequences for Thomas McBrearty, so as to characterise your actions as the crime of attempted murder.

On the basis of Thomas McBrearty’s injuries, you must have stabbed him at least twice. The injuries were severe, permanently disfiguring and life-threatening.

It goes without saying that Charge 3 was and is a very serious offence. In terms of Charge 3, you have been convicted of an attempt to commit the most serious crime known to our law, namely the crime of murder.

The gravity of that offence; and the gravity of your situation, is made all the worse by your very significant record of previous violent offending.

Even if I ignore your previous convictions at summary level for crimes of violence, of which there are many, these present convictions represent the eighth time that you have been convicted at indictment level for crimes of violence. You have six such previous convictions at Sheriff & Jury level; and you also have a previous conviction in the High Court in respect of two crimes of assault. In relation to that High Court conviction, you were sentenced to a period of 5 years’ imprisonment. Of concern, you have continued to offend, and to offend violently, since your release in respect of that High Court sentence. You have a further Sheriff & Jury conviction for possession of an offensive weapon. You have previously been made the subject of post-release supervision by way of a Supervised Release Order on two occasions.

I have listened carefully to everything that has been said on your behalf by Senior Counsel today; and I have had regard to the terms of the Criminal Justice Social Work Report and associated Risk Assessment now available to me.

You are now 48 years of age. I accept that you suffered adverse childhood experiences from a young age and I accept that your difficult upbringing, involving significant periods in local authority care, will have contributed to the offending behaviour that has become a feature of your life since early adulthood.

I also note that you say that you have abstained from the use of controlled drugs whilst on remand in relation to these matters; and that you intend to avail yourself of what assistance is available to you whilst in prison with a view to making changes in your life when you are released.

However, the fact remains that you stand convicted of a very serious, violent offence in relation to Charge 3 committed against a background of significant, repeated violent offending over many years.

There is no alternative to a significant custodial sentence or sentences in this case.

Dealing firstly with Charge 2, the nature of the assault in that charge, coupled with your extensive previous history of violent offending satisfy me that no sentence other than a custodial sentence is appropriate in relation to that charge. In my view, the sentencing objectives of punishment, deterrence and public protection outweigh any other sentencing objectives in relation to that charge.

Accordingly, in relation to Charge 2, I impose a sentence of 10 months’ imprisonment. For completeness, I should indicate that 1 month of that sentence is attributable to the fact that you were on bail at the time of the commission of that offence.

In relation to Charge 3 on the indictment, I assess both the level of your culpability and the level of harm caused by you as high. Such is the gravity of that offence; and such is your very significant record of previous serious, similar offending, that I am quite satisfied that the sentencing objectives of punishment, deterrence and public protection outweigh any other sentencing objectives; so that the imposition of a very significant custodial sentence is the only appropriate disposal in relation to that charge.

Furthermore, having regard to the nature of the offence in Charge 3, your extensive record of serious, violent offending and the terms of the Risk Assessment contained within the Criminal Justice Social Work report, I am also quite satisfied that in your case in relation to Charge 3 the requirements of s. 210A (1) (b) of the Criminal Procedure (Scotland) Act 1995 are satisfied so that I should impose an Extended Sentence on you in relation to Charge 3.

Accordingly, in relation to Charge 3, I impose an Extended Sentence in terms of s. 210 A of the Criminal Procedure (Scotland) Act 1995 of 14 years, comprising a Custodial Element of 11 years’ imprisonment to be followed thereafter by an Extension Period of 3 years. For completeness, I should indicate that 6 months of the custodial element of that sentence is attributable to the fact that you were on bail at the time of the commission of that offence.

The sentences that I have imposed in relation to Charges 2 and 3 will be ordered to run concurrently with each other; and to date from 27 March 2023 when you were first remanded into custody in relation to these matters.

The overall effect, therefore, is that you will serve a period of 11 years’ imprisonment to date from 27 March 2023, followed by an Extension Period thereafter of 3 years."