HMA v CIARAN BAINBRIDGE

At the High Court in Edinburgh Lord Uist imposed a community payback order on Ciaran Bainbridge after he pled guilty to armed robbery in Clydebank on 11 November 2012.

11 June 2013

On sentencing Lord Uist made the following statement in court:  

“You pleaded guilty to the crime of armed robbery of a newsagent’s shop in Clydebank on the afternoon of Sunday 11 November last year. You were disguised, used an imitation firearm in the form of a plastic ball-bearing gun and obtained £130. You were caught nearby shortly afterwards by the police.

You are now 17 years old, and were so at the time that you committed this crime. You are a first offender, were in employment at the time and were not in dire need of money. I have read the social work and clinical psychologist’s report on you, as well as the various letters tendered, and considered all that has been said on your behalf in mitigation. I regard this as a quite exceptional case. The commission of this crime was completely out of character for you. You have been described by the psychologist as immature and vulnerable. At the material time your grandmother was on the point of death. She had been your main link to the memory of your late father, who committed suicide in 2009 and was no longer going to be able to provide you with the support you required after your father’s death. I am told that you could no longer bear the stress and distress you were suffering and resorted to the drastic action of committing this robbery in order to gain attention for your difficulties. The psychologist thinks that you were experiencing a state of depersonalisation at the time and that you require psychological treatment to provide you with effective coping strategies for stress and bereavement. 

The commission of such a serious crime normally results in a custodial sentence and, had you been convicted by a jury after trial, I would have imposed a sentence of 3 years detention. As you pleaded guilty at an early stage I am prepared, in light of the reports on you, to impose a non-custodial sentence. What I propose to do is to impose a community payback order upon you.

(Community Payback Order with conditions of 300 hours unpaid work within 12 months, to live at home with mother, supervision for 2 years and requirement to attend for psychological treatment and counselling as required by supervising officer.)”

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