SENTENCING STATEMENTS

On sentencing, Lord Scott said:

“You have now pled guilty to the murder of Garry Thomson on 17 October 2023, a little over 18 months ago.  You murdered him by repeatedly striking and stabbing him on the neck and body with a knife.  He sustained four stab wounds to, or near, the neck.

You also took several steps to try to conceal your crime, with the cruellest of these being to pretend to Mr Thomson’s daughter, Yazzmine Florence, that you had not seen him and were unaware of his whereabouts, the truth being as you well knew that he was at that time lying deceased within said house.  Callously, as recognised by your counsel, you also used his bank cards to supply yourself and others with drink as he lay dead and undiscovered.

There is a Victim Impact Statement in this case, prepared by Mr Thomson’s 4 daughters, Yazzmine Florence, Carrie Baird, Kayleigh Thomson and Rachel Fraser.

They describe the significant and continuing physical, emotional, psychological and financial impacts on them of the loss of their father.  They describe trouble with sleep and nightmares, needing help with fear, anxiety and depression.  They describe the terrible impact not only on them but on Mr Thomson’s grandchildren to whom he was very close.  Mr Thomson will never see his grandchildren reach their milestones, and they will never experience the warmth of his presence.  His family no longer feel safe in public spaces or even in their own homes. 

Yazzmine has been further traumatised by being a witness in the case and living so close to where you murdered her father. 

As Rachel says, ‘It was a cruel and senseless act that has shattered our lives irreparably.  The brutal manner in which his life was taken has left an indelible mark on my family and me, a pain that we will carry with us forever.’

Reflecting what all 4 have said, I am told that you have stolen their peace.

It is clear that there has been a massive and permanent impact on that family.  Nothing said or done here today, and no sentence I impose will be enough to help Garry Thomson’s family with the devastating loss of a much loved father and grandfather.

You have several previous convictions, most notably 3 High Court convictions in 1990, 2002 and 2006, all in respect of offences of violence.  These attracted sentences of 5 years imprisonment, 4 years imprisonment and 56 months imprisonment respectively.  The longest sentence you have previously served is therefore the sentence of 5 years imprisonment which involved an offence of assault to severe injury and the danger of life.  Those convictions represent significant aggravations to the present offence.

Charge 4 undoubtedly makes worse what you did in your efforts to conceal your crime.  You were on bail at the time for the serious drugs offence which resulted in a sentence of 30 months imprisonment on 3 April 2024.  It appears that it was discussion of that matter which led to the murder.  I consider that an aggravating factor.

I have considered all that has been said on your behalf by Mr Gilmartin, in particular that you have always accepted responsibility for the death of Garry Thomson, albeit not for some time as murder.  I am told that your conscience eventually kicked in and resulted in today’s plea.  Even if you were worried about others discovering your whereabouts, that is no excuse at all for killing an unarmed and defenceless man.

The sentence for murder is prescribed by law and is a life sentence.  You are 59 years old and, at the time of the murder, you were 57.

I have to take into account the timing of your plea of guilty.  I note that the case was indicted to a preliminary hearing on 9 July 2024, that it first called in court on 1 October 2024 and a trial was fixed for July of this year.  I note too that you offered to plead guilty to culpable homicide.

But for your plea of guilty, I would have sentenced you to a punishment part of 23 years which includes 12 months for breach of bail and 12 months in respect of charge 4 which reflects only the elements of retribution and deterrence attributable to that charge. 

I have to consider whether to adjust the punishment part because of what is referred by courts as the utilitarian value of your plea of guilty, primarily that there has been a saving in court time but also aware that your plea saves Mr Thomson’s family from a further period of uncertainty and the prospect of a trial, especially where one daughter may have had to give evidence.  In the circumstances and as required by law, I sentence you to life imprisonment on charge 3 and specify a punishment part of 22 years.  On charge 4 which I have already taken into account in identifying the initial punishment part, I impose a concurrent sentence of 3 years imprisonment. 

The punishment part and sentence on charge 4 will run from 24 October 2024 to take into account the period you spent on remand for this matter. 

You should understand that this is not a sentence of 22 years imprisonment.  It is a life sentence.  22 years represents the minimum time you will have to serve before you can be considered for parole.  So the earliest possible time when you can be considered for parole will be when you are 80 years old.  Whether you are released then or ever will be a matter for the Parole Board to determine after that 22 year period has elapsed, based on the risk you are assessed to pose at that time."