HMA v Ryan Rush

At the High Court in Glasgow today, 8 February 2017, Lord Matthews sentenced Ryan Rush to four years’ imprisonment after the accused pled guilty to a charge of assault to severe injury under provocation.

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

“Ryan Rush, you have pleaded guilty to a charge of assault to severe injury under provocation, having originally been indicted to face a charge of assault to severe injury, danger to life and attempted murder.

In a nutshell, you stabbed the complainer once in the chest in your own home, he having punched you unexpectedly and then come at you with a broken bottle.

You have a record which includes offences of violence and possession of a knife but you have only once before appeared on indictment, in May 2013, when you were sentenced to 14 months imprisonment for assault with intent to rob.

I have considered all the circumstances and everything said on your behalf. I have also had regard to the Criminal Justice Social Work report but I find that of little assistance.

In normal circumstances I would have considered that a sentence of around six years' imprisonment was appropriate for this type of assault, taking your record into account, but I will extract a period of 18 months in respect of the provocation, which the Crown have accepted, and a further six months in respect of the utilitarian value of your plea.

The sentence is therefore one of four years' imprisonment which will run from 8 February 2016 when you first appeared in court.”