HMA v Lee Connors

At the High Court in Edinburgh on 2 August 2016, Lord Ericht imposed an order for lifelong restriction on Lee Connors with a punishment part of five years after he was convicted of attempted murder.

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

“Lee Andrew Connors, or Connor, or Hunter, you have been found guilty attempted murder using a firearm.

I regard this offence as extremely serious, and it appears that it was mere luck that resulted in the firearm not discharging which would have had even more serious consequences. You were also convicted of various other offences, some of which also included firearms.

You are currently serving a sentence of five years imprisonment in relation to a further firearms offence committed after the current offences.

An accredited risk assessor has assessed you as presenting a high risk to the safety of the public at large. I am satisfied on the basis of your conviction and the risk assessment report that the risk criteria are met in your case.

I sentence you as follows:

On charge 1 I sentence you to six months imprisonment, two of which are attributable to the bail aggravation

On charge 2 I sentence you to a period of imprisonment of three years and six months, six months of which is attributable to the bail aggravation.

On charge 3 I make an order for lifelong restriction. That order constitutes a sentence of imprisonment for an indeterminate period.

I must also fix the punishment part of your sentence, which is the period which you must spend in full in prison before you can apply to the Parole Board for Scotland to be released on licence.

Had I not been making an order for lifelong restriction, I would have imposed a sentence of 12 years imprisonment, which would have included a period of two years for protection of the public.

Accordingly, I consider that the appropriate period under section 2A(1)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is 10 years, which, in terms of section 2B of that Act, results in a punishment part of five years, with a deduction of 300 days in respect of time previously spent in custody.

You must not assume that you will be automatically released at the end of that period: you will be released only when it is considered no longer necessary for the protection of the public that you continue to be confined in prison.

On charge 4 I sentence you to a period of imprisonment of two years and six months, six months of which is attributable to the bail aggravation

On charge 5 I sentence you to a period of imprisonment of five years and six months, six months of which is attributable to the bail aggravation

On charge 6 I sentence you to three years imprisonment, six months of which is attributable to the bail aggravation.

These sentences are concurrent and will run from today’s date.”

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