HMA v DAVID GARDYNE

At the High Court in Edinburgh Lord Doherty sentenced David Gardyne to 6 years imprisonment after he pled guilty to the attempted murder of James Reid in Dundee on 16 August 2013 and also ordered that he be returned to prison to serve 160 days of a previous sentence.

On sentencing Lord Doherty made the following statement in court:

“David Gardyne, you have pled guilty to assaulting James Reid by striking him on the chest and neck with a knife or similar instrument and attempting to murder him. Mr Reid was unknown to you. Your attack on him was entirely unprovoked. It took place on a public street. The stabs with the knife or other instrument were to areas of the body where vital organs could easily have been penetrated. In fact, fortunately, the physical injuries inflicted were relatively minor, but the attack was a wickedly reckless one.

You were convicted of several offences at summary level between 1999 and 2001 but none of those offences resulted in a custodial sentence. However, on 21 May 2012 you were convicted of assault to severe injury and permanent disfigurement and were sentenced to 27 months imprisonment. That offence also involved the use of a knife or similar instrument. You were still on licence in respect of that sentence when you committed the current offence.

I have regard to what has been said on your behalf.  You are someone who has shown in the past that you can be a responsible and useful contributor to society. You lived your life until the age of 44 relatively free of serious crime. Your fall appears to be attributable to two factors: the abuse of alcohol and illicit drugs, and your preparedness to carry a weapon. I hope you will be successful in addressing both these problems  - I am sure that you do have a positive contribution to make. I give you full credit for pleading guilty at an early stage. However, I would be failing in my public duty if I did not impose a lengthy custodial sentence for the crime which you have committed.

Had you not pled guilty the sentence I would have imposed would have been 9 years imprisonment. In view of your plea of guilty the sentence I impose is 6 years imprisonment.

At the time of the offence the unexpired portion of your previous sentence was 370 days. You have been in custody for 105 days in respect of the present offence. Giving you appropriate credit for that I shall make an order for your return to prison for 160 days from today’s date, that period to be served before, and be followed by, the 6 year sentence.”

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