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.

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.

HMA v Stephen O’Brien and Scott Laidlaw

Jun 5, 2025

At the High Court in Glasgow Lady Poole imposed an extended sentence of 11 years on Stephen O'Brien and an extended sentence of 12 years on Scott Laidlaw, after they were convicted of attempted murder.

On sentencing Lady Poole made the following remarks in court:

"Stephen O'Brien and Scott Laidlaw, you were convicted by the jury at Glasgow High Court on 15 May 2025 of attempted murder and having an axe in a public place.

You attacked your victim in Falkirk one afternoon in August 2023. Your victim had previously suffered a brain injury and his life was lived with the help of carers. Yet the two of you set upon your victim and injured him severely, to his permanent disfigurement and the danger of his life. You fought with your victim, and repeatedly struck him on the head with an axe. You then walked off along the road towards the town centre still carrying the axe, now bloodstained, stopping at two bus stops along the way. All of this happened in broad daylight while people were out and about. The members of the public who witnessed parts of what happened should not have had to see it.

As a result of the attack, your victim had three skull fractures, and serious cuts which needed stitching in various places on his head and hands.

Both of you accepted you were involved in fighting with your victim, but sought to blame him at least to some extent for what happened. The jury by its verdict rejected your position, Stephen O’Brien, that you acted in self-defence. The jury also did not accept that either of you were provoked by your victim, or that you had a reasonable excuse for having the axe. Your victim may not have led a blameless life, and his previous convictions for offences of violence were brought out at trial. But that is no excuse for you inflicting such serious injuries on him.

Stephen O'Brien, you are a 53 year old man. You have numerous previous convictions for a variety of offences, including misuse of drugs and shoplifting. Your convictions may all be at sheriff court level, but they include a solemn conviction, and a number of offences have been sufficiently serious to warrant sentences of imprisonment. You have not previously been convicted of offences of assault, but you have a conviction for threatening and abusive behaviour. You maintain that what you did was done out of misguided loyalty to your friend Scott Laidlaw.

I have noted from the criminal justice social work report your difficult start in life. You have a history of drug abuse and addiction, and associate yourself with other drug users and the related lifestyle. You report having PTSD after witnessing a murder and a friend dying at your home address, and other mental health conditions. You have no educational qualifications or history of work. You express regret for your offending. The criminal justice social work reports gives details of a risk assessment carried out on you, and recommends an extended sentence.

Scott Laidlaw, although you are younger man aged 37, you have an even longer record of previous convictions. They also are at sheriff court level, but include culpable and reckless conduct and wilful fireraising, and a number of custodial disposals. You have convictions for assault, assault to injury, as well as threatening and abusive behaviour on three previous occasions. You were on licence at the time of your offending.

You offered to plead guilty to a reduced charge of aggravated assault at an early stage, but the jury convicted you of the more serious crime of attempted murder. The plea you offered had little utilitarian value because the case still had to go to trial, so I have not reduced your sentence. I have noted from the criminal justice social work report your difficult childhood, your unruly behaviour from a young age, your long term substance misuse, your difficulties with accommodation, your history of some short term casual work, as well as your health issues. That report contains an assessment placing you at maximum risk in terms of need and with regards to the likelihood of further offending, and recommends an extended sentence.

Stephen O'Brien, I have taken into account everything said on your behalf in mitigation. Nevertheless these are serious crimes which must attract a significant sentence. The sentence I impose on you in respect of charge 1, attempted murder, is an extended sentence of 11 years, because I do not consider that ordinary conditions of licence are sufficient to protect the public from serious harm from you. The first part of your sentence is a custodial period of 9 years. That will be followed by an extension period of 2 years in the community, when you will be subject to conditions fixed by the Scottish Ministers.

If you fail to comply with the conditions, the licence may be revoked and you may be returned to custody; and you may also be sentenced for an offence committed while on licence. On charge 2, having an axe in a public place, I sentence you to a period of 18 months imprisonment, to be served concurrently with the sentence I have imposed on charge 1. Your sentence will be backdated to 4 May 2025. You were remanded on 12 May 2025 during trial, but I also give you credit for an earlier short period on remand in this case.

Scott Laidlaw, I have also taken into account everything said on your behalf in mitigation. The sentence I impose on you in respect of charge 1, attempted murder, is an extended sentence of 12 years, with a custodial part of 10 years. You were on licence at the time of your offending, and have a number of analogous previous convictions. I do not consider that ordinary conditions of licence are sufficient to protect the public from serious harm from you. The extension part of your sentence of 2 years will follow the custodial part of 10 years, during which you will be subject to conditions fixed by the Scottish Ministers.

If you fail to comply with the conditions, the licence may be revoked and you may be returned to custody; and you may also be sentenced for an offence committed while on licence. On charge 3 I impose a sentence of imprisonment of 18 months, to be served concurrently with the sentence I have imposed on charge 1. Your sentence will be backdated to 15 August 2023 when you were first remanded in custody.

I also grant a non-harassment order in respect of your victim, whose details are specified in the court order. You must not approach or contact, or attempt to approach or contact your victim, either yourself or through others, by any means, including electronic, for a period of 20 years”.