HMA v Kieran Kiely

At the High Court in Glasgow today, 11 November 2016, Lord Boyd of Duncansby sentenced Kieran Kiely to four years imprisonment after the accused pleaded guilty to assault to severe injury and permanent disfigurement.

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

“On 17 July last year Christopher Smith was outside his house tending to his car. You approached him shouting and swearing threatening to kill him, to stab home and to take his car.

You hit him on the head with a brick stole his keys and his mobile phone, chased him and continued to assault him with a brick and kick him on his head and body.

You attempted to drive off in the car but thanks to Mr Smith’s quick thinking in immobilising the vehicle you failed to do so.

The injuries that you caused to Mr Smith were severe and will cause permanent disfigurement.

This was a vicious and unprovoked attack on a man who was unknown to you and going about his lawful business. It must have been a terrifying ordeal.

On 28 February 2014 you were convicted of two charges of assault and robbery and subsequently sentenced to a total of five years 30 days to date from 4 December 2013.

On 13 July 2016 you absconded from Castle Huntly prison and this offence was committed during that period of unauthorised absence. In respect of that matter you have been sentenced to a further year’s imprisonment.

I have listened carefully to what Mr McElroy has said on your behalf. You had consumed alcohol and Valium and you have no recollection of the events. That of course is no excuse.

He told me that you bitterly regret what has happened and that you are remorseful. While it is good to know that you acknowledge the hurt that you have caused the fact is that you caused serious injury to an innocent man.

Had you been convicted after trial I would have sentenced you to six years in prison. While the plea was tendered at the preliminary hearing I am satisfied from what both the Advocate Depute and Mr McElroy have told me that this should have been dealt earlier by s.76 minute. Accordingly I shall discount the sentence to one of four years imprisonment to be consecutive to the sentence that you are currently serving.”