Description
On 16 August 2004, the first day of a sitting at Edinburgh High Court, the appellant pled guilty to a charge of murder. The appellant was sentenced to be detained without limit of time and fixed a punishment part of 18 years. The sentencing judge took the view that this was a "horrific and brutal" murder. It involved breaking into the victim's house in the early hours of the morning armed with a knife and savagely stabbing the victim 40 times. When the first knife broke, the appellant armed himself with a second knife. In mitigation it was submitted that he had not armed himself with a knife with the intention to murder but the situation had escalated. Further, he had shown remorse, making admissions to the police shortly after the incident and the appellant at the time was 16 years af age with no previous convictions. In addition the appellant pled early albeit at the trial diet. There were two questions in this appeal, (1) what punishment part would have been appropriate but for the plea of guilty? and (2) what discount, if any, should be made in respect of the plea. The court here looked at whether the starting off point of 20 years was excessive and whether the 10% discount afforded to the appellant was adequate given the early plea.
0141 553 4890
