HMA v BRIAN McGREGOR

At the High Court in Edinburgh on 19 March 2015, Lord Uist sentenced Brian McGregor to a punishment part of six years in prison and imposed an order for lifelong restriction after the accused was found guilty of charges of assault to severe injury, permanent disfigurement and danger to life, and robbery.

On sentencing, Lord Uist made the following statement in court: 

“Brian McGregor, you were convicted by the jury at Dumbarton High Court on 25 November last year of the crime of assault to severe injury, permanent disfigurement and danger to life and robbery. You and your associate had been in the company of the victim in a flat in Kennishead Avenue, Glasgow on Saturday 1 June 2013 and into the morning of Sunday 2 June 2013. You became aware that he had a large amount of cash on him and when he left the house in the company of a woman at about 4am you and your associate, armed with knives, followed him and repeatedly assaulted him with the knives at three distinct places, the last being in Boydstone Road, Glasgow, where he was robbed. You and your associate then made off. You went on the run and were not arrested by the police until 7 September 2013. At the time you committed this crime you were on licence from a previous prison sentence.

This was a planned crime, committed in order to obtain money, which had very serious consequences for your victim. As a result of the attack he sustained a 3cm incised wound over the left side of his head, two incised wounds over his mid back, a deep incised wound on the back of his left upper arm down into muscle, a broken left shoulder and a broken left wrist. He had to undergo surgery and was in hospital until 7 June 2013.

You are now 41 years old. Apart from doing only part of a training scheme when you were 16, you have never had a job. You have an almost unbelievable list of previous convictions, demonstrating a deeply criminal lifestyle. You have three High Court convictions for crimes of serious violence in 1991, 1994 and 2007, resulting in sentences of three years, eight years and seven years imprisonment respectively, as well as a conviction on indictment in the sheriff court in 2007 for assault to severe injury with a knife, resulting in 18 months imprisonment. You have engaged in substance misuse and have a poor record of compliance with community orders.

I have considered the risk assessment report on you, which, unsurprisingly, assesses you as being at high risk to the safety of the public at large. I am in no doubt that you are a very violent and highly dangerous man. I am satisfied that the risk criteria are met in your case and I therefore make an order for lifelong restriction in respect of you.

I must also fix the punishment part of your sentence, being the period which you must spend in full before you can apply to the Parole Board for Scotland to be released on licence. Had I been imposing a fixed sentence on you I would, in light of your criminal record and the circumstances of the crime of which you were convicted by the jury, have imposed a sentence of 12 years imprisonment, which would entitle you to apply to be released on licence after having served a period of six years in prison. I therefore fix the punishment part of your sentence at six years.

You must not assume that you will be released from prison at the end of that period: you will be released only when it is considered no longer necessary for the safety of the public that you continue to be confined in prison. Your sentence will run from today’s date.”