HMA v Arran Fender

At the High Court in Edinburgh today, 1 February 2018, Lady Carmichael sentenced Arran Fender to 12 years imprisonment after the accused was found guilty of culpable homicide. On sentencing Lady Carmichael made the following statement in court:

The jury has found you guilty of the culpable homicide of Gary McMillan. It did so on the basis that you were provoked into acting as you did by Gary McMillan’s attack on you with a knife.   

The crime of culpable homicide encompasses a variety of situations from those involving very little violence, and very little culpability, to those which involve considerable violence, and much greater culpability.

In this instance it involved the use of a knife to take the life of another man, and the infliction of four substantial wounds.   

Gary McMillan’s loss is, and will continue to be, felt deeply by his family.  No sentence I can pronounce can repair the harm that they have suffered as a result of his death. 

In sentencing I am taking into account that you are a man who has a record of convictions for carrying a knife, and of assaults, including one involving the use of a knife. In all these circumstances I am sentencing you on charge 4 to 12 years’ imprisonment, backdated to 18 May 2017.

On charge 3 I sentence you to 9 months’ imprisonment, concurrent with the sentence on charge 4 and also backdated.