William Simpson v Procurator Fiscal, Dundee [2013] HCJAC 133

Appeal against sentence:- At Dundee Sheriff Court the appellant pled guilty at a trial diet to a charge of assault by punching the complainer on the head, knocking him to the ground and repeatedly punching him on the head and kicking him on his body all to his injury. The appellant was sentenced to 11 months detention reduced from 12 months due to the timing of his plea. The sentence was appealed against. On behalf of the appellant it was submitted that the sentence imposed was excessive albeit it was conceded the offence was serious and it was one that entitled the sheriff to impose a custodial sentence. It was submitted on his behalf that he was a first offender and was of low risk of reoffending. He had a supportive girlfriend, had given up drinking alcohol, had no outstanding cases and had expressed genuine remorse. It was submitted on behalf of the appellant that it could not be said that there was no other way of dealing with him other than custody and the 8 weeks he had thus far spent in custody had served a purpose of giving him a short sharp shock and the court could impose a community payback order with a condition of unpaid work as an alternative to detention. In the event that the appropriate was detention it was submitted the sentence imposed was excessive given that the maximum available to the sheriff had been selected and given that the appellant was a first offender. Here the court viewed the offence as a very serious one involving the unprovoked and vicious attack of the complainer motivated by footballing rivalry. Despite that, given the appellant was a first offender and him being of low risk the court quashed the sentence imposed and in its place imposed a sentence of 5 months reduced from 6 months due to the plea of guilty.