SENTENCING STATEMENTS
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HMA v Richard Smeaton
Mar 18, 2026
On sentencing, Lord Arthurson told Smeaton:
"Richard Smeaton, you have this afternoon been convicted by a jury of a single charge indictment libelling the crimes of hamesucken, assault to severe injury, permanent disfigurement, permanent impairment and danger of life and attempted murder.
The incident in question involved a concerted attack by you and your former co-accused, now deceased, upon a man who is now aged 62, in his own home, on 23 September 2023. The jury has convicted you of breaking in to the property in Marswood Green, Hamilton, with the said deceased former co-accused, whilst in possession of a knife, a meat cleaver and a hammer, and assaulting your victim by repeatedly striking him on the head and body with the knife and meat cleaver and in so doing attempting to murder him.
The complainer required to be transferred by ambulance to the Queen Elizabeth University Hospital, Glasgow, for treatment under general anaesthetic. He had sustained a complex laceration to his nose and lacerations to his left temple and scalp. There was an associated fracture of the rear wall of the right maxillary sinus extending to its orbital roof and a fracture of the nasal bones. He sustained additionally a deep laceration to the right shoulder and a laceration through his left middle, ring and little fingers. His injuries were potentially life threatening.
The jury has by its verdict determined that the attack upon the complainer in which you participated was a murderous one. A police witness who encountered the complainer in the aftermath of your attack upon him described him as appearing to be in agony. Photographs of the injuries inflicted required to be presented to the jury with a warning from the court in respect of their graphic nature.
You are now aged 46. You have to date accrued some 31 groups of previous convictions. You have served 10 custodial sentences. Your record contains multiple weapons-related offences, with such weapons as a sword, knife and bottle listed. You have been convicted on indictment on four occasions, once in the High Court, with three of these convictions being for directly analogous offences related to aggravated crimes of violence.
I have listened carefully to the brief submissions advanced in mitigation on your behalf this afternoon by your counsel, and note in particular what has been said by him regarding your personal and family circumstances.
On any view the present indictment represents a significant escalation in the level of gravity of your offending behaviour. It is plain that only a substantial custodial disposal will be appropriate in this case. This was a concerted late evening attack upon a man who had been sleeping at home. The offending in this case involved breaking in and attacking your victim with weapons to the danger of his life, all in circumstances in which the jury have determined that you attempted to murder him. The level of instrumental violence involved was severe and the attack was clearly a planned one.
You will accordingly serve a sentence of 9 years imprisonment. This sentence will be backdated to 14 September 2024, being the appropriate agreed date for backdating, standing the rather complex procedural history of these proceedings."
18 March 2026