HMA v Adrian Dryburgh Hynd

At the High Court in Glasgow today (30 October 2017) Lord Ericht sentenced Adrian Hynd to life imprisonment (punishment part 18 years) after the accused was found guilty of murder. On sentencing Lord Ericht made the following statement in court:

You invited various people you had just met back to your house after the pub.  The next morning, Alexander Forbes lay dead on your living room floor, your ornamental collectors sword embedded in his chest. The jury rejected self-defence. You committed a brutal bloody murder.

 The punishment for murder is fixed by law. You will be sentenced to life imprisonment.

 I am obliged to fix a period of time which you must serve in custody before being considered for parole. In fixing this period, known as the punishment part, I must reflect the need to punish you for the crime of murder and to deter you and others from committing murder.

 In fixing the punishment part of your sentence the law requires me to ignore the risk that you may pose to the public in the future. This does not mean that you will serve just this period.

 It will be for the Parole Board to determine when it is safe for you to be released from prison. The question of parole cannot arise before the punishment period has passed.

 I am also obliged to take account of the seriousness of the crime of murder of which you have been convicted and your previous convictions.

 Your previous convictions are of a minor nature and are not analogous and so I have placed no weight on these.  You have no history of violence.

 I have listened carefully to what has been said on your behalf in mitigation and I’ve taken it all into account. You accept that you have taken a life and require to be punished, and maintain that it was in self-defence, although this was rejected by the jury. You have expressed remorse for your actions.

 Having regard to the whole circumstances, the punishment part will be one of 18 years. This period of 18 years is backdated to 2 January 2017 when you were first taken into custody.

 This does not mean that this is a sentence of 18 years. You are sentenced to life imprisonment and you will serve at least 18 years before you can be considered for release on parole and it will be for the Parole Board to determine when you will ultimately be released and they will have regard to the safety of the public in reaching that decision.