HMA v Iain Donn

At the High Court in Glasgow today, 19 December 2016, Lord Boyd of Duncansby sentenced Iain Donn to five years and six months imprisonment after the accused pleaded guilty to an assault with a broken bottle.

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

“Iain Donn, you have pleaded guilty to an assault with a broken bottle on Christopher McHugh at a flat at Kingsway Court in Glasgow. This resulted in a very significant injury.

On Mr McHugh’s admission to hospital he was found to have sustained four actively bleeding injuries to the back of his head. His blood pressure was initially unrecordable and his condition was potentially life threatening.

He had a subarachnoid haemorrhage (bleeding around the brain). There was also a piece of glass in one of the wounds.

The medical opinion is that had Mr McHugh not received medical intervention he could have bled to death. He will have permanent scarring to the back of his head.

You went to the flat to help a neighbour remove the complainer, who had become an unwanted guest, from the premises.

Mr Ross has informed me that you had been drinking from the bottle of Buckfast and had not taken it with the intention of using it as a weapon though that of course is what you did.

You have a record including convictions for assault but I note that you have not appeared on indictment before.

I accept that there is a utilitarian value to your early plea and I shall discount the sentence accordingly. I also agree that given the short period of the unexpired sentence remaining I should make no order under s. 16 of the Prisoners and Criminal Proceedings Act.

Had you been convicted after trial I would have imposed a sentence of seven years imprisonment. In view of the plea I shall discount that to one of five years six months, backdated to 26 July 2016.”

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