SENTENCING STATEMENTS
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Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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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 Alan Johnston
Oct 14, 2025
On sentencing Lord Ericht made the following remarks in court:
"While you were in the process of getting divorced, you attempted to murder your wife with your car. When that did not succeed you chased after her threatening to set her alight. You did all that in breach of bail conditions, and, even more seriously, in breach of a domestic abuse interdict. You have also been convicted of domestic abuse and breach of that domestic interdict.
I have listened carefully to everything that has been said by counsel on your behalf. You have a previous conviction for assault to injury. The Justice Social Work report assesses you as posing a very high risk that you may re-offend within a domestic nature and you may pose a risk of serious harm.
I have also considered the terms of the Victim Impact Statements.
In relation to charge 1, the domestic abuse charge under sec 1 of the Domestic Abuse (Scotland) Act 2018, I sentence you to a period of imprisonment of 18 months of which 2 months relate to the bail aggravation.
In relation to charge 2, the attempted murder, I am going to impose an extended sentence because I am satisfied that the period you would otherwise be subject to licence would not be adequate for the purpose of protecting the public from serious harm from you. I sentence you to an extended sentence of 10 years’ imprisonment, of which the custodial part is 8 years and the extension period 2 years. Six months of that custodial part relates to the breach of bail aggravation and six months to the domestic aggravation.
In relation to charge 3, the breach of the domestic abuse interdict under section 2(2) of the Domestic Abuse (Scotland) Act 2011, I sentence you to a period of imprisonment of 3 years of which six months relates to the breach of bail.
All of these sentences are concurrent and will take effect from 6 March 2024.
I impose a non-harassment order that you do not by any means (including directly, by telephone, letter or electronic means such as e mail text message or video call) approach or contact or attempt to approach or contact your victim for an indefinite period.
If you are found to have breached this order then you may be punished which can be by imprisonment.
I commend those who came to your wife’s aid. In particular, I thank the two schoolchildren for their alertness in spotting what was going on and their quick thinking in telling adults about it.
14 October 2025