Michael Barry Reddington v. His Majesty’s Advocate [2023] HCJAC 33

Note of appeal against sentence:- The appellant pled guilty at the High Court under the accelerated procedure in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 to a charge of culpably and recklessly driving a motor car into a property in Fife causing damage to the property and thereafter setting fire to he vehicle which spread to the property to the danger of the lives of MB, KB, EB, (aged 11), AB, (aged 9) and IB, (aged 6). The appellant was sentenced to 7 years imprisonment, discounted from 10 years on account of the plea of guilty. The appellant was also disqualified for life from holding a driving licence. The appellant appealed against the length of the period of imprisonment imposed and the disqualification as excessive. It was submitted on behalf of the appellant that the headline sentence of 10 years was excessive and would be more in keeping with a charge of attempted murder rather than the charge to which the appellant had pled guilty. In addition, it was submitted that the appellant had little by the way of previous offending history with the longest period of imprisonment he had received being 135 days and he had not been in trouble for a number of years. In addition, it was submitted that the imposition of a disqualification for holding or obtaining a driving licence for life was excessive given the appellant’s employment as a plumber and his rehabilitation would be significantly hindered on his release from custody. Here the court refused the appeal in so far as it related to the period of imprisonment. The court pointed to the conduct of the appellant putting the lives of a family, including young children, in significant danger which conduct required a significant amount of planning. The court considered that the sentencing judge had given appropriate weight to all of the appellant’s personal circumstances, his remorse and the nature and extent of his previous offending. The court did, however, consider that disqualification for life was excessive and the interests of justice was served by limiting the period of disqualification to 15 years.