HMA v ROBERT RICHARD HOGAN

At the High Court in Edinburgh Lord Doherty sentenced Robert Richard Hogan to 7 years 6 months imprisonment after he pled guilty to the attempted murder of a man in Edinburgh on 31 May 2013.

30 September 2013

On Sentencing Lord Doherty made the following statement in court.

“You have pled guilty to the attempted murder of Gordon Band. Whilst a guest in his home you attacked him with a large kitchen knife. You stabbed him five times in his chest and abdomen, five times to his left upper arm, and you inflicted a further three wounds to his left elbow, forearm and wrist. Each of the five wounds to his chest areas was deep. At least one of them went into the chest cavity and divided his diaphragm. At least one of them went into the abdominal cavity, rupturing the small bowel and the colon. There was extensive bleeding from the stomach. The attack lasted several minutes. Without speedy and appropriate medical intervention the injuries could have proved fatal. Mr Band needed emergency surgery to repair the damage to his stomach, small bowel, colon and lower diaphragm. He remained in hospital for 4 weeks, after which he was nursed at a friend’s home. He still needs painkillers and requires to attend daily at his GP’s surgery. He has not been able to return to work. He has difficulty sleeping. The effects on him of the attack have been marked. He has not yet been able to return to his home. He will be left with permanent scarring.

You have a long record of previous convictions, but all of these have been at summary level. Several of them were for crimes of violence, four of which have resulted in custodial sentences. The most recent of these was in 2010 when you were sentenced to 10 months imprisonment for an assault to injury with a bottle. Since then you have been convicted of assault on three further occasions.

I have regard to all that has been said on your behalf. I take account of the fact that you have pled guilty at the first preliminary hearing. I give you full credit for the utilitarian benefits resulting from your plea.

Had you not pled guilty the sentence which I would have imposed would have been 10 years imprisonment with 6 months of that period being attributed to the bail aggravations. In view of your plea of guilty the sentence which I impose is 7 years 6 months imprisonment, 4 months and 15 days of which I attribute to the bail aggravations. That sentence will be backdated to 5 June 2013.”

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