SENTENCING STATEMENTS

Upon sentencing, Lord Scott made the following remarks:

"I will deal with you in reverse order from the order on the indictment.

"Starting, therefore, with you, Lee Heron, you pled guilty to a charge of dangerous driving on 25 January 2026 in that you repeatedly drove at excessive speed and in an erratic manner, repeatedly drove towards pedestrians on the roadway, drove whilst an unknown female was holding on to a door handle of the car, causing other cars to take evasive action to avoid a collision with you, and drove with the passenger door open.

"The charge is serious although it carries a maximum sentence of 2 years imprisonment.  It would not bring you to the High Court on its own.

"In your case, it is very much aggravated by your previous convictions which include 5 road traffic matters, in particular a charge of careless driving in 2019 and a directly analogous conviction involving 2 charges of dangerous driving in 2017.  For that conviction, you received a custodial sentence of 7 months detention associated with a disqualification for a period of 5 years.

"You are 29 years old and, at the time of this dangerous driving, you were 28.  You do not have the excuse of immaturity which may have been a factor to some extent when you were convicted of the same charges in 2017.

"In your case, I did not need to obtain a Justice Social Work Report (JSWR) as you have previously been sentenced to custody.  I ordered a report, however, not least as I was ordering a report on your co-accused.

"You have given the author of the JSWR a garbled and unconvincing account of your involvement which seems more designed to obscure the truth of what happened.  The report says, ‘He demonstrated heightened emotional arousal which resulted in very impulsive decision making, with him leaving the family home where three young children were present with his partner.’

"In the report, you have expressed remorse and relief that the consequences were not more serious.  You are concerned for the impact of what you did on your partner and 3 children.  You are in full-time employment.

"The report outlines some of the adverse childhood experiences you have suffered.  It explains some of the mental health issues you have experienced, including anxiety and depression.  I have seen the brief report from justice social worker, Lauren McManus, which supplements the JSWR regarding your mental health.

"The JSWR refers to issues with alcohol and drugs although these appear not to be directly relevant to this offence.  You are assessed as being a very high level of risk and need in regard to general offending.  As regards dangerous driving, the report says, ‘Mr Heron’s repeated dangerous driving demonstrates a concerning pattern of high-risk behaviour with the potential to cause serious harm to passengers and other road users should circumstances escalate.  Of particular concern is the re-occurrence of dangerous driving despite the significant consequences of his previous behaviour.’

"You have been subject to supervised bail since 30 April 2026 for this case and have complied with the terms of that order.  I note, however, your poor compliance with the unpaid work aspect of your last CPO.

"In short, I have taken into account all that is said in the JSWR and all that has been said on your behalf.

"The charge to which you pled guilty is serious, carrying a maximum sentence of 2 years imprisonment.

"The gravity of the charge is aggravated by your analogous convictions.  Culpability and potentially life-threatening harm are high.

"On charge 5, I impose a sentence of 15 months imprisonment which is a reduced period owing to the plea of guilty.  If you had been convicted after trial, the sentence would have been 20 months imprisonment.  The sentence will of course date from today.

"I must also consider the time you spent on electronically monitored bail.  The relevant bail period in your case is 173 days.  I require to specify a period of time which is to be treated as a period of time spent in custody.  That period will be one half of 173 days which is therefore 87 days.  This is something which the Scottish Prison Service must then take into account, treating it as a period of time spent in custody.

"I also need to consider the question of disqualification.  Leaving aside the question of an extension to take account of the prison sentence I have just imposed, given your analogous previous convictions and complete disregard for road traffic law, I would have ordered that you be disqualified from holding or obtaining a driving licence for a period of 6 years, reduced from 8 years for the plea of guilty.

"However, taking account of section 248D, that period will be extended by half due to the imposition of the sentence of 10 months imprisonment, resulting in a final period of disqualification of 6 years and 7 and a half months.  In addition, you must resit the extended test of competence to drive.

"Andrew Rennie, you have pled guilty to a charge of assaulting an unknown male on 25 January 2026 by attempting to strike him on the body with a knife or similar instrument.

"You have several convictions with the indictment conviction of 19 August 2015 the most concerning, that being for possession of a knife in a public place.  Ultimately, on that matter, you were simply admonished.

"No custodial sentences are shown in your schedule of convictions although I now have details of 2 matters for which you have received sentences of imprisonment.  On 15 June 2026, on a charge of threatening and abusive behaviour, you were sentenced to 54 days imprisonment.  More significantly, on 19 August 2026, on charges of assault and threatening and abusive behaviour, you were sentenced to 15 months imprisonment.  You are still serving that sentence.

"The present offence was committed while you were subject to a CPO imposed for 12 months on 12 March 2025.

"In the JSWR I have for you, you give an account of getting the knife from a co-accused and brandishing it to try to scare others away.  You refer to both co-accused as cousins.  You expressed remorse and relief that no one was injured by you.

"As with your co-accused, I am left with a sense that I am being offered only a partial account of events and the background.

"The report describes adverse childhood experiences, including time spent in care, as well as alcohol and substance misuse and mixing with older negative peers.

"You have 2 daughters with whom you have some contact.

"You were the victim of an attempted murder in 2023 when you were stabbed several times.  You of all people should therefore know better than to brandish a knife at others.  The author of the report thinks that your experience may have affected your decision-making and reaction, with heightened anxiety and alertness.

"You are prescribed medication for depression and anxiety.  The author of the report thinks that you would benefit from mental health services.

"You are assessed as having a high level of risk and need as regards general re-offending, with no protective factors identified.

"In short, I have taken into account all that is said in the JSWR and all that has been said on your behalf.

"The charge to which you pled guilty is extremely serious, carrying a maximum sentence of life imprisonment.

"The gravity of the charge is aggravated by your previous convictions.  Culpability and potential harm are high.

"The main consideration in sentencing is the potential harm caused by your actions in what was clearly a serious incident.  Culpability and potential harm are both high.

"On charge 2, I impose a sentence of 18 months imprisonment which is a reduced period owing to the plea of guilty.  If you had been convicted after trial, the sentence would have been 2 years imprisonment.  As this is an entirely separate offence from the indictment charges which were committed on 12 November 2025, I could order that this sentence be served consecutively to that sentence, that is to say that it would start only when you complete the other sentence.  I have to take into account the period spent exclusively on remand for this case which is a period of 78 days.  Taking a broad view of matters, rather than imposing a consecutive sentence and deducting 78 days from it, I will order that the sentence I impose today will be served from 1 September 2026, the date when you pled guilty.  That also allows you to demonstrate that your first sentences of imprisonment have had the effect of deterring you from further offending.  If they do not, you may take it that any future analogous offending is not only likely to be dealt with on indictment again but it would result in far more significant custodial sentences.

"William Kerrigan, you have pled guilty to a single charge that, on 25 January 2026, while acting with others meantime unknown, you assaulted Darren Anderson, repeatedly striking him on the head and body with a knife or similar instrument, causing him to fall to the ground, kicking him on the body, seizing and pulling him by the body and pursuing him, all to his severe injury, permanent disfigurement and to the danger of his life.

"There is no Victim Impact Statement in this case.

"You are 23 years old and, at the time, you were 22.

"You have several a single conviction for a minor drugs offence to which I attach no weight.

"Before passing sentence, I required to obtain a Justice Social Work Report with a view to finding out more about your background and any other relevant information, including an assessment of the risk you pose to the public.

"You gave the author of the report an account which involved claiming that, in effect, you were acting, at least to some extent, in self‑defence or anticipation of being attacked with a weapon.  Your account is at odds with the narrative agreed on your behalf and involves you trying to shift some blame for the incident to your victim.  In the narrative agreed on your behalf, your attack on your victim with a knife was unprovoked and persistent.  It seems to me that there is some history or explanation for these events which has not been provided to the court, either by your victim or by you, perhaps owing to your state of intoxication at the time.  I will, of course, proceed only on the basis of the agreed narrative.

"I note the issues you have had with a history of exposure to drugs through your father.  In the report you say that you had consumed alcohol and cocaine before the incident.  Obviously being under the influence of alcohol is no excuse whatsoever for what you did.  A man who has gotten himself drunk is just as responsible for his actions as one who is entirely sober.  It appears to me that it would be of benefit to you and society more generally for you to get help with this and other issues related to your offending while you are in custody.  The report suggests, ‘Intervention should [[therefore] focus on improving his decision-making, emotional regulation and ability to manage conflict without resorting to violence.’

"The report suggests that you have some remorse, victim awareness and insight into the harm caused.  You have expressed a desire to engage with courses and qualifications should these be available to you when in custody.

"You have family and a partner who are supportive and an 18 month old daughter.

"The risk assessment in the report assesses you as posing a high risk of further offending.  It notes that, under certain circumstances, you may have the capacity for serious violence causing serious harm.  You are assessed as meeting the threshold for medium risk of serious harm.

"You accept responsibility for your actions and have acted on this acceptance with a plea of guilty.  Today, Mr Mitchell has emphasised your acceptance of guilt and early plea and said everything that can be said on your behalf.  He has also emphasised your lack of previous offending.

"In summary, I have considered all that is said in the Justice Social Work Report and all that has been said today on your behalf by your counsel.

"The charge to which you have pled guilty is extremely serious, carrying a maximum sentence of life imprisonment.

"The main consideration in sentencing is the significant physical damage caused by your actions in what was clearly a serious and potentially life-threatening attack.  Culpability, harm and potential harm are all high.

"As you are 23, the Guideline for Sentencing Young People is relevant.  This Guideline has received some publicity and is not always well understood.  It was issued and approved by the Court only after wide consultation and was based on significant international evidence about the development of the young mind and issues often relevant to those under 25 regarding maturity, poor judgment and succumbing to negative peer influences as well as capacity for change.  It appears to me that some of these issues may be relevant in your case.

"Rehabilitation is emphasised in the Guideline although this can happen in a number of ways and does not necessarily mean that custody can be avoided, especially where, as here, a charge is very serious.

"The Guideline states that I should:

‘have regard to the fact that some sentences could have more of an adverse effect on a young person than on an older person because of the young person’s age, maturity, and/or personal circumstances’.

"The Sentencing Guideline concludes:

‘The full range of sentencing options remains open to the court.  However, the nature and duration of a sentence imposed on a young person should be different from that which might be imposed on an older person being sentenced for the same, or a similar, offence.’ and ‘A custodial sentence should only be imposed on a young person when the court is satisfied that no other sentence is appropriate.  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.’

"I must and will recognise the timing of your offer to plead guilty.  This allows me to reduce the headline sentence or starting point because of what is referred to in court as the utilitarian value of your plea, that is primarily the saving of court time although a plea of guilty has other benefits too.  It is the main aspect of mitigation in the case.  In the circumstances, I consider that a reduction of 25% is appropriate.

"Having regard to the whole circumstances of the case, only a custodial sentence is appropriate.  It is necessary to punish you and to seek to deter you and others from behaving in this way and in particular to protect the public from you.

"In all the circumstances, I impose a sentence of 4 years 6 months imprisonment.  If you had been convicted of this charge after trial, the sentence would have been 6 years imprisonment.  That starting point is less than it would have been if you were over 25.  The sentence will date from 1 September 2026.

"I must also consider the time you spent on electronically monitored bail.  The relevant bail period in your case is 182 days.  I require to specify a period of time which is to be treated as a period of time spent in custody.  That period will be one half of 182 days which is therefore 91 days.  This is something which the Scottish Prison Service must then take into account, treating it as a period of time spent in custody.”

 20 October 2026