HMA v RYAN MARTIN FAGAN

At the High Court in Edinburgh Lord Doherty imposed a community payback order with an offender supervision order for 3 years and a requirement to carry out 200 hours unpaid work or other activity on Ryan Martin Fagan, after he pled guilty to assault and attempted robbery and to possession of an imitation firearm on 25 January 2013 in Chryston, North Lanarkshire.

On sentencing Lord Doherty made the following statement in court:

25 November 2013

“Ryan Martin Fagan, you have been convicted of two serious offences. Be in no doubt that in ordinary course a substantial prison sentence would be the normal disposal for such offences. The assault and attempted robbery was persisted in for some time and was a frightening experience for Mr Abate who was on duty on his own on the night service window of the garage. Your possession of the imitation firearm also caused fear and alarm to customers who entered the garage forecourt during the course of the incident. While you complied with police instructions when they did arrive, the police considered it necessary to send officers with tasers and firearms to deal with the incident.

I have regard to all that has been said on your behalf. You were aged 20 at the time of the incident. I do not treat the fact that you were intoxicated at the time as being mitigation. The imitation firearm, while it resembled a self-loading pistol, was in fact a moulded plastic soft air pistol designed to discharge 6mm plastic pellets. Such items can be purchased from retail outlets selling toys and games. The gun had no magazine. The objective of the attempted robbery was to obtain 10 cigarettes. You made no attempt to flee the scene when you became aware that the police had been called. You have only a minor record and you have never served a custodial sentence. You have shown in the past that you can apply yourself to work and have continued to do so by retraining to acquire other skills. On successful completion of that retraining employment is available to you. I treat these offences, serious as they are, as being out of character.  I have regard to the relatively favourable risk assessment and recommendations in the Criminal Justice Social Work Report. I take account of the fact that you have pled guilty at an early stage, and that you are genuinely remorseful.

Weighing all these factors I have concluded that in your case I can deal with you by imposing a community payback order. That will be a cumulo sentence in respect of charges 1 and 2. [The nature, terms and effect of the proposed order were explained to Mr Fagan, and he indicated that he understood and that he was prepared to comply with it]. Had you not pled guilty I would have would imposed a community payback order comprising an offender supervision requirement for three years together with a requirement to carry out 300 hours unpaid work or other activity. In view of your plea of guilty the sentence which I do impose is a community payback order with that supervision requirement and a requirement to carry out 200 hours unpaid work or other activity.”