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.  

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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.

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HMA v Robert Donaghy

 

Aug 25, 2026

At the High Court in Glasgow, Lord Harrower imposed a 3-year prison term on Robert Donaghy. The offender admitted threatening a member of a trial jury.


In delivering sentence Lord Harrower made the following remarks:

“Robert Donaghy, on 25 October 2024, at the High Court in Glasgow, having just been convicted of attempted murder, and sentenced to a term of imprisonment of 9 years and 6 months, you turned towards the jury box, and, in an aggressive, raised voice, threatened to stab a serving member of the jury.   

After sundry procedure, you were indicted to appear on a charge of uttering threats of violence, the trial diet having been assigned to float from 19 August 2026.   Today, the first day of the trial diet, and the last day of the float, you intimated your intention to plead guilty. 

Threatening a juror in any way strikes at the very heart of the criminal justice system, and must be treated with the utmost gravity.  The sentence I shall impose is intended to deter others and to protect citizens fulfilling their civic duties.  Your offence is heavily aggravated by your long record of convictions for violent offending, demonstrating that you continue to pose a danger to the public and to court staff. 

Since the threat was an entirely separate criminal act from the assault with which you were being tried, and eventually convicted, the sentence I shall impose will run consecutively to the sentence you are currently serving. 

I have taken account of everything said by counsel on your behalf.  The sentence I shall impose will be one of 3 years’ imprisonment to take effect on the expiry of all sentences previously imposed.  That sentence allows for a modest reduction of 3 months to take account of the timing of your plea and its limited utilitarian value.”

25 August 2026