HMA v Kenneth Wilson

At the High Court in Edinburgh today, 17 January 2018, Lady Scott imposed an Order for Lifelong Restriction upon Kenneth Wilson with a punishment part of three years after the accused pled guilty to assault to severe injury and to the danger of life.

On sentencing, Lady Scott made the following statement in court:

“Kenneth Wilson you have pleaded guilty to the assault of your victim in seizing her by the throat and repeatedly striking her on her head and body with a hammer to her severe injury and to the danger of her life. Your victim had five lacerations to her head reflecting your blows with the hammer.

“You appear to have lost your temper and you were heavily under the influence of drugs and drink.

“At the time you were on a supervised release order for a conviction for assault and robbery with the use of a knife.

“You have a long history of serious violence. You have a borderline personality disorder, an anti-social personality disorder and indications of psychopathic personality traits which render management of the risk you present as problematic.

“I have heard the evidence of two experts who both assess you as presenting a high risk to the safety of the public. I have given my decision and conclusions on that evidence in a written determination which you will be given at the end of this hearing.

“I am satisfied that the risk criteria are met in your case. I therefore make an Order for Lifelong Restriction. This order constitutes a sentence of imprisonment for an indeterminate period.

“I must also fix the punishment part of your sentence, which is the period which you must spend in full in prison before you can apply to the Parole Board for Scotland to be released on licence. I take account of your early plea.

“I consider that the appropriate period under section 2A(1)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is six years, reduced from eight years to reflect you early plea, which, in terms of section 2B of that Act, results in a punishment part of three years.

“You must not assume that you will automatically be released at the end of that period: you will be released if it is considered no longer necessary for the protection of the public that you continue to be confined in prison.

“Nor should you think that you will never be released from custody. I want to emphasise to you that if you follow through your expressed determination to address and overcome your substance abuse, if you engage in treatment and address the cause of your personality disorders, if you address your violent offending and work toward rehabilitation then you could achieve supervised release.

“Your sentence will run from 26 October 2016.”