SENTENCING STATEMENTS

Upon sentencing, Sheriff Campbell made the following remarks:

"Jamie Hogg. You pled guilty to these charges at a continued First Diet.

"Both charges involved you being present and active throughout two prolonged episodes of public disorder, involving the reckless discharge of fireworks towards people and buildings in Edinburgh on separate days in October and November 2024.

"It is only down to good fortune that your actions did not result in more severe consequences for innocent members of the public.

"On the evening of 31 October 2024, you were one of a group of about 20 youths involved in mobbing and rioting causing extensive damage to houses and other property in the Moredun area of Edinburgh. At Moredun House, Marytree House, Little France House, and Castleview House a total of 45 windows were smashed with an estimated repair cost of £50,000.

"In the course of the evening the group of which you were part set off fireworks indiscriminately as well as throwing rocks at windows. At one point a pyrotechnic was set off in the foyer of a block of flats, something which could have had a very serious outcome.

"Later in Moredunvale Road, the group of which you were a member was abusive to members of the public trying calm things, and one member group was seen to light and throw a firework towards members public. In addition, there were extensive and prolonged attacks on police who had set up a cordon, with fireworks being set off in all directions, including in the direction of police.

"On the evening of 5 November 2024, you were identified as a member of group of around 20 youths in dark clothing and with face coverings gathering in Moredunvale Road.

"You and others present set off fireworks horizontally – something which is extremely dangerous in an area surrounded by buildings and people.

"Members of the group removed fencing from a building site and blocked the road – including police and emergency vehicles.

"You were seen to move wheelie bins into middle of roundabout Moredunvale Place.

"Another member of the group, your co-accused Kevin Lankiewicz was seen set light to objects on roundabout, and returned a short time later and poured accelerant on top and added several planks of wood.

"Group then travelled towards Scotmid on Moredun Park Road, where the staff locked the doors for safety.

"You were in possession of fireworks, while an unknown male threw a brick at door of shop, causing it to shatter.

"You retrieved the brick and threw it at the door again, and a second time, smashing the pane in the door.

"Police were called by shop staff, and customers were then able to exit; and a joiner was called to board up 6 smashed windows and the door.

"Once again, there was a police cordon and with a number of police officers present. The group of which you were part threw rocks and other projectiles (though not fireworks) to where police were and where police vehicles were located.

"Quite apart from the distress caused to members of the public, significant harm resulted. Businesses were targeted by the groups in which you were involved. Fireworks were set off close to businesses causing distress to staff and customers. Damage was caused to property and vehicles, running into thousands of pounds.

"It is a matter of public record that a very substantial response was required from police and other emergency services - with the costs involved in doing so; quite apart from those services then being diverted from other operations.

"I have listened carefully to what has been said in mitigation and have read the social work report in detail.

"In mitigation, your previous offending was dealt with through the children’s hearing system. I also note the significant difficulties you have experienced growing up in a family troubled by addiction.

"In terms of the prospects for rehabilitation, the social work report indicates you have become more mature since 2024, and have made efforts to get experience of work, and you have engaged with bail supervision.

"It is important that you and others affected by your actions know the basis of how I have approached sentence. Given your age, the court must have regard to the Scottish Sentencing Council guideline on the sentencing of young people.

"The court requires to consider whether immaturity may have contributed to the offending behaviour. Young people are generally less able to exercise good judgement when making decisions. I recognise that in your involvement in these events, you thought less clearly about what could happen in consequence of your actions, including the impact on any victims and others affected by those actions; and you took more risks.

"As such, I recognise that your culpability is lower than that of an older person who is to be sentenced for the same, or a similar, offence.

"Against that I note that you chose to be involved on two separate evenings.

"The purposes of a sentence include protection of the public; punishment; rehabilitation of offenders; giving the offender the opportunity to make amends; and expressing disapproval of offending behaviour. The most important aim or purpose of a sentence will depend on the crime and the offender.

"In the case of a young person, rehabilitation, the welfare of the young person and the desirability of their reintegration into society are to be primary considerations. A young person may have greater potential to change.

"The guideline recognises the prospect of custody in appropriate cases, and this is such a case. 

"The guideline provides that if a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence, the effect being that rehabilitation and integration can begin at an earlier date. I have taken that into account in the sentence imposed.

"I will deal with these charges on a cumulo basis.

"I consider that a headline sentence of twenty four months’ detention is fair and proportionate.

"The plea was tendered at a continued first diet.

"Accordingly, that will be reduced to eighteen months’ detention.

"Both offences aggravated by use of pyrotechnic in relation to emergency worker - 2 months is attributable to that aggravation.

"Kevin Lankiewicz. You also pled guilty to one charge at the same continued First Diet.

"The charge involved you being present and active throughout one of a number of prolonged episodes of public disorder, involving the reckless discharge of fireworks towards people and buildings in the city in October and November 2024.

"You were present for the events on 5 November 2024 which I have already narrated.

"It is only down to good fortune that your actions did not result in more severe consequences for innocent members of the public.

"I have listened carefully to what has been said in mitigation and have read the social work report in detail.

"You were reported to be very heavily intoxicated with a mix of drink and drugs – that may be a partial explanation, but is in no way an excuse.

"In terms of the prospects for rehabilitation, the Social Work report indicates that you have taken steps to remove yourself from people who were a negative influence in your life: having moved to Glasgow, and having secured a permanent job. You have also made efforts to stay clean of drugs.

"It is said that there is scope for addressing some risks and need factors by way of supervision, and although you have some matters pending before the court, you are however assessed as presenting a reduced risk of further serious offending.

"In terms of the prospects for rehabilitation, the Social Work report indicates that there is scope for addressing some risks and need factors by way of supervision.

"As with your co-accused, given your age, the court must have regard to the Scottish Sentencing Council guideline on the sentencing of young people.

"The court requires to consider whether immaturity may have contributed to the offending behaviour.

"Young people are generally less able to exercise good judgement when making decisions.

"I recognise that in your involvement in these events, you thought less clearly about what could happen in consequence of your actions, including the impact on any victims and others affected by those actions; and you took more risks.

"As such, I recognise that your culpability is lower than that of an older person who is to be sentenced for the same, or a similar, offence.

"I have considered the seriousness of your behaviour and the harm caused.

"While your culpability is high, as was the harm, I am satisfied that in your case there is an alternative to a custodial sentence, and that both punishment and rehabilitation can sufficiently be provided in the community.

"I will impose a restriction of liberty order in terms of which you are to be at your home between 7pm-5am each day for 12 months. That is the longest period available for this order. You will be subject to electronic monitoring on a tag to enforce this."

 15 September 2026