HMA v James Burke Hume

At the High Court in Glasgow today, 8 February 2019, Lord Arthurson sentenced James Hume to five-and-a-half years’ imprisonment after the accused pled guilty to assault to severe injury with intent to rob.

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

James Burke Hume, you have been convicted this morning on your own plea of a particularly despicable offence. Your victim was a vulnerable 76-year-old lady, whom you attacked with a hammer, inflicting repeated blows upon her head and body, occasioning severe injury and, according to the agreed narrative in this case, permanent scarring, all having forced your way into her home of 56 years with intent to rob her. I further note that you were on a very recent bail order at the time of this offence.

“To date, at the age only of 26, you have accrued 17 groups of previous convictions and served nine custodial sentences, albeit none of these is recorded as being at indictment level.

“I have listened carefully to what has been said on your behalf today in mitigation by your counsel, and take all that she has submitted into account in imposing sentence.

“In particular I note your personal circumstances and desire to have this case resolved at a relatively early stage, and I will of course give you credit for that by way of an appropriate discount for the utilitarian value of the saving of a trial in your case.

“It is plain that the index offence on this indictment is such that no disposal is appropriate other than a very lengthy custodial one.

“This offence marks a significant escalation in your offending behaviour, and is the first crime of violence which you have committed.

“Your criminal conduct on 15 October 2018 must have been absolutely terrifying, and, having now considered the victim impact statement completed on her behalf, life‑changing, for your victim, and the punishment which this Court requires to impose upon you today will of course reflect that as well as public abhorrence at offending of this nature.

“In all of these circumstances I now sentence you to a period of five years and six months’ imprisonment, to run from the date of your initial remand in respect of this offence, namely 16 October 2018.

“But for the timing of your plea the sentence would have been one of eight years’ imprisonment. I attribute four months of the said final sentence to the bail aggravation libelled.”

Sentencing Statements

HMA v David McFarlane

Friday, 13 September, 2019

HMA v Bohdan Cieslar

Thursday, 12 September, 2019

HMA v Ronald Hardman

Wednesday, 11 September, 2019

HMA v Domenica Smith

Wednesday, 11 September, 2019

HMA v Martin John Innes

Tuesday, 10 September, 2019