HMA v Kevin Shand

At the High Court in Glasgow on 15 September 2017, Lord Boyd of Duncansby sentenced Kevin Shand to a total of six years and three months imprisonment after the accused pled guilty to assault and robbery and to dangerous driving. He was also disqualified from driving for a period of nine years. On sentencing, Lord Boyd made the following statement in court:

“Kevin Shand, you have pleaded guilty to a series of offences in Leith, Edinburgh, in May of this year. They include two offences in which you used a lethal weapon.

“In one case you brandished a meat cleaver at an employee of gaming machine premises in Leith and robbed him of over £3800.

“This must have been a particularly frightening experience for the complainer.

“The courts have also said that those who work in retail premises require to be protected from this sort of conduct.

“One week later you threatened staff at a car park with a knife when they tried to apprehend you.

“Charge 5 on the indictment is a contravention of section 2 of the Road Traffic Act – dangerous driving. You have numerous previous convictions for road traffic matters.

“You were on bail awaiting sentence for amongst other things a contravention of section 2 and you have three other convictions for dangerous driving. I am bound to take a serious view of that matter.

“I have listened closely to what your solicitor advocate has said on your behalf.

“I accept that these offences largely arise from your drug addiction and your attempt to get money to pay back to drug dealers to whom you owed money. I do not regard that as mitigation.

“However, I do accept that while you have an appalling record, including a serious conviction for assault, it is predominantly one of road traffic offences and dishonesty. This is the first time that you have appeared in this court.

“Accordingly, I do not see the need to call for reports with a view to imposing an extended sentence. Nevertheless, I require to consider the safety of the public in the sentence that I impose.

“I take into account your apparent desire to break away from drug addiction and that you have undertaken a detoxification course while in custody.

“I also take into account the fact that you gave yourself in to police and that you attempted to resolve this matter early. I shall give an appropriate discount for the plea.

“Had you been convicted after trial I would have imposed a cumulative sentence in respect of charges 1, 3 and 7 of seven years, of which six months would have related to the bail aggravation. In light of the plea I shall discount that to five years three months.

“In respect of charges 4 and 8 I shall impose a sentence of 12 months on each charge, to run concurrently with the sentence I have just imposed.

“In respect of charge 5 you have a long record of driving convictions including dangerous driving. Had you been convicted after trial I would have sentenced you to 16 months imprisonment on this offence, of which four months would have related to the bail aggravation.

“In view of the plea I shall discount that sentence to 12 months imprisonment, to run consecutively to the sentences I have imposed.

“In addition I shall disqualify you from holding or applying for a driving licence for a period of nine years from this date, discounted from 12 years. Your licence will be endorsed.

“I shall also direct that you may not hold or apply for a driving licence until you have passed the extended test.

“The sentences of imprisonment will run from today’s date and be concurrent to the sentences which you are currently serving.”

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