HMA v JAMES KILDAY

On 15 October at the High Court in Edinburgh Lord Pentland imposed an extended sentence on James Kilday after he pled guilty to the attempted murder of Joseph Timmins. The custodial part of this sentence is 9 years followed by an extension period of 3 years.

sentencing Lord Pentland made the following statement in court:

“James Kilday, you pled guilty at a preliminary hearing to the offence of attempted murder of your cousin, Joseph Timmins.  This senseless attack involved a particularly ferocious level of sustained violence on your part and the repeated use of a weapon.  The agreed narrative of the facts records that you inflicted around 40 stab wounds on your victim, very nearly killing him.  You then fled the scene, leaving your victim for dead.  He required intensive and extensive medical care and at one stage was not expected to survive. The crime is further aggravated by the fact that you were heavily intoxicated at the time.

The victim impact information makes it clear that the offence has had a serious continuing effect on several important aspects of the complainer’s life.

I note that you have a number of previous convictions at summary level, mainly for offences of disorder.  You have one conviction for having an offensive weapon, described as a sharp object, in a public place.  You have served several short custodial sentences. 

The social work report explains that you have abused alcohol from a young age and that this is the underlying cause of all your offending. I take account of all that has been said in mitigation on your behalf and acknowledge that you have now expressed remorse and regret for what you did.

Having regard to the extreme level of violence involved in this murderous attack, to the fact that it involved the repeated and sustained use of a weapon and to the number of injuries inflicted, it is clear that the court must take an extremely serious view of your culpability.

In the whole circumstances, I am entirely satisfied that an extended sentence is required in order to protect the public.  Had you not pleaded guilty, I would have made the custodial part of the extended sentence 12 years.  I accept that your guilty plea has had utilitarian value in that the need for a trial has been avoided and witnesses have not had to come to court to testify.  In the exercise of the discretion vested in me, I will discount the duration of the custodial part to 9 years.

The extension part of the sentence, during which you will be subject to close monitoring and supervision, will be 3 years.

If you fail to comply with any of the conditions of your release licence during the extension period, you are liable to be returned to prison.

The sentence will be backdated to 29 April 2013”.