HMA v PAUL ALLEN

At the High Court in Glasgow Lord Matthews imposed an extended sentence of 10 years on Paul Allen after he was found guilty of assault to severe injury, permanent disfigurement, permanent impairment and to the danger of life in Glasgow on 7 October 2012. The custodial period was set at six years with an extension period of four years.

On sentencing Lord Matthews made the following statement in court:

08 November 2013

"You were convicted of repeatedly stabbing Alan Logan to his severe injury, permanent disfigurement, permanent impairment and to the danger of his life. Your record shows that amongst other things you have been convicted of possession of an offensive weapon in the shape of a baseball bat and of even more pertinence the crimes of attempted murder and assault to severe injury, resulting in a sentence of 8 years imprisonment.  You have spent 13 months or so in prison as a result of being recalled from your release on licence so I propose to make no order under S 16 of the Prisoners and Criminal Proceedings (Scotland ) Act 1993.

Given what I have said so far one might expect a very substantial prison sentence indeed to be imposed.

However, in this case the jury found that you were provoked and that is why they found you guilty of assault rather than attempted murder. They did not accept that you acted in self-defence but I infer that they must have accepted the core aspects of your position that you were attacked by the complainer and his friend and reacted to that. They must have taken the view that you used a knife which you did not bring to the scene but which you picked up, as you said, and that your actings once you had the knife went beyond what was necessary for self-defence.

In those circumstances I can be more lenient than I would otherwise have been but I cannot ignore your record.

Having taken account of all the relevant factors, including what was said by your counsel and what is in the Criminal Justice Social Work report, I propose to pass an extended sentence of 10 years on you from today’s date, in order to protect the public from serious harm from you. That will consist of a custodial element of six years in the first instance. Your release from that will not be the end of the sentence because on release you will be subject to an extension period of 4 years during which you will be subject to conditions to be set by the Scottish Ministers. Any breach of those conditions will be liable to see you recalled to serve the remainder of the 10 year period.”

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