HMA v PIERCE THOMAS HENDRY& DANIEL KELLY

At the High Court in Aberdeen Lord Doherty sentenced Pierce Hendry to an extended sentence of 7 years, the custodial term being 4 years and the extension period being 3 years. Daniel Kelly was sentenced to 3 years 4 months detention. Both pled guilty to assault and robbery on 21 February 2013 at a licensed grocers in Glasgow and to assault and with intent to rob on the same date at another shop in Glasgow.

 On sentencing Lord Doherty made the following statement in court

“You have both pled guilty to serious charges. The first offence you committed involved assaulting a shopkeeper, presenting a machete and knife at him, threatening him with violence, and demanding money from him, all with intent to rob him. The machete had a blade about 6 inches long. The shopkeeper activated a panic alarm. He had to shield himself with a chair from you. You fled the shop. Having failed to get money from those premises you committed a similar attack minutes later at a nearby shop. In addition to the shopkeeper there were two female customers present. You presented the machete at the shopkeeper, threatened him with violence, robbed him of a quantity of alcohol and attempted to rob him of a quantity of money. The shopkeeper pressed the panic alarm and picked up a stick to defend himself. You were forced backwards and fled the store.

Mr Hendry, you were aged 18 at the time of these offences. You have several previous convictions including a conviction on 20 September 2011 for assault and robbery using a knife for which you were sentenced to detention for 21 months. You were on licence for that offence at the time the current offences were committed. The unexpired portion is 141 days. In ordinary course I would have made an order for your return to prison to serve that unexpired portion. However, the total period for which you have been on remand in respect of the current offences is 57 days. Rather than pronounce a  s.16 order for return I shall not backdate the sentence I am about to pronounce.

I have regard to all that has been said on your behalf. I take account of your young age and difficulties that you have faced in life. I give you full credit for pleading guilty to these offences at an early stage. I am satisfied, given the circumstances of the offences and your record, that if I did not pass an extended sentence in your case the period for which you would be subject to a licence following your release from prison would not be sufficient for protecting the public from serious harm from you. Had you not pled guilty when you did the cumulo sentence which I would have imposed for charges one and two would have been an extended sentence of 9 years detention (made up of a 6 year custodial term and a 3 year extension period). Six months of the custodial term would have been in respect of bail aggravations. In view of your plea of guilty the sentence which I pass is an extended sentence of 7 years detention (made up of a 4 year custodial term and a 3 year extension period). That sentence shall run from today’s date. 

Mr Kelly, you were 17 at the time the offences were committed. Your record includes a previous conviction on 11 May 2010 for assault with intent to rob involving a knife. You received 7 months detention for that offence. You have previous convictions for breach of bail conditions. I have regard to all that has been said on your behalf. I take account of your young age and the difficulties that you have faced in life. I give you full credit for pleading guilty to these offences at an early stage. I take account of the period of 45 days which you spent on remand for these offences prior to 23 August 2013. I am satisfied, given the circumstances of the offences and your record, that if I did not pass an extended sentence or make a supervised release order in your case the period for which you would be subject to a licence following your release from prison would not be sufficient for protecting the public from serious harm from you. Had you not pled guilty when you did the cumulo sentence which I would have imposed for charges 1 and 2 would have been an extended sentence of 6 years detention, 4 months of that being attributable to the bail aggravations, the custodial part of that sentence being 5 years and the extension period being 1 year. In view of your plea the sentence I propose to pass on charges 1 and 2 is a cumulo sentence of 3 years 4 months detention together with a supervised release order requiring you to be subject to the supervision of a relevant officer of a local authority and comply with such requirements as he may impose for a period of 12 months following your release. As you have indicated that you are prepared to comply with such requirements that is the sentence which I impose on charges 1 and 2. That sentence will be backdated to 23 August 2013.

You have also pled guilty to charge 3, a contravention of s. 27(1)(b) of the Criminal Procedure (Scotland) Act 1995. You committed that offence while on bail. You have previous analagous convictions. Had it not been for your plea of guilty I would have sentenced you to 6 months detention in respect of that offence, with 2 months being attributed to the bail aggravation. In view of your plea the sentence I impose for that charge is 4 months detention. That sentence will be consecutive to the sentence pronounced in respect of charges 1 and 2.”