SENTENCING STATEMENTS

On sentencing, Lord Harrower said:

"Liam Maloney, on 11 February 2025, at the High Court in Glasgow, you tendered a plea of guilty under section 76 procedure to an indictment libelling one charge of having in your possession an imitation firearm with intent to cause fear of violence, contrary to section 16A of the Firearms Act 1968. 

On a Sunday afternoon, towards the end of May of last year, the tranquillity of Kilfauns Drive in Glasgow was disrupted by the presence of at least two men on a first floor veranda, wearing balaclavas and in possession of what looked like a rifle, but has since been identified as an imitation firearm.  Mobile phone footage, lasting approximately 20 seconds, shows you, with your balaclava removed, repeatedly shouldering the rifle, and shouting “I’ll go to jail”, apparently at anyone who might care to listen.  A woman parking her car, who later identified you as being in possession of the rifle, was alarmed and shaking with fear, and concerned for the safety of her children.  Her sister reported the matter to the police. 

I have taken account of everything said on your behalf by your counsel.  They have made no attempt to minimise the seriousness of your offence, and in particular the fear and alarm that your actions caused or risked causing to members of the public. But it was submitted that your personal circumstances meant that you were acting out of impulsivity; that it was not your rifle; and that what you did was part of some sort of “joke”.  

In assessing culpability and harm, parties were agreed that I might have regard to the relevant guideline of the Sentencing Council for England & Wales.  Specifically, the Crown took no issue with the defence submission that the circumstances of this offence fell within the sentencing range identified as B2 within Table 2. 

So far as culpability is concerned, there are what the guideline describes as “Level C” factors that would have pointed towards lower culpability.   You did not intend to cause injury, and your offending might well be described as “unsophisticated”.  However, the fact that you appeared to take a significant role as part of a group activity, involving men with their faces covered, places your actions firmly within level B, which the guideline describes as “medium” culpability.

So far as harm is concerned, the Crown conceded that it could not provide evidence of any physical or psychological harm, and that at most your offending caused severe alarm and distress.  That might be seen as placing it within Category 3.  However, that would be to ignore the fact that this incident occurred in broad daylight, overlooking a relatively busy thoroughfare, where your actions had the potential to cause alarm to many members of the public.  In my view, this elevated the level of harm to category 2. 

I must then take account of the various aggravating and mitigating factors.  You are now 26 years old.  The Young Persons guideline does not apply in your case.  You have acquired a good number of previous convictions in a relatively short period of time.  These include a high court conviction in 2014 for assault and robbery with a knife, for which you received a sentence of detention for 2 years and 3 months.  More recently, in June 2022, you were convicted, once again in this court, of assault to severe injury, permanent disfigurement and danger to life, for which you received a sentence of 3 years’ imprisonment, with a 1 year supervised release order.  The present offence appears to have been committed while you were still subject to that supervision order.  The social worker has assessed you as presenting with a maximum risk of re-offending.    

Taking all the circumstances of the offence and your personal circumstances into account, I will impose a sentence of imprisonment of 30 months, backdated to 28 May 2024, when you were first remanded in custody.  Had it not been for the timing of your plea, the sentence would have been 45 months’ imprisonment. 

You will also be subject to a supervised release order for 12 months.  During the supervision period after your release from custody you will report to the supervising officer allocated to supervise you in a manner and at intervals specified by him or her; you will keep your supervising officer informed of your current address; and you will comply with any other requirement he or she may reasonably specify. If you breach the order, you may be brought back to court and returned to custody for all or any part of a period equal to that between the date of your first breach of the order and the date when your supervision would expire.  Do you understand? (Mr Maloney indicated that he understood).

Very well, that is the sentence which I impose."