HMA v Gary Ian Modiak

At the High Court in Glasgow today, 1 March 2019, Lord Arthurson sentenced Gary Modiak to seven-and-a-half years’ imprisonment after the accused pled guilty to attempted murder.

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

“Gary Ian Modiak, you have this morning been convicted on your own plea of a single charge libelling assault to severe injury, permanent disfigurement, permanent impairment and danger of life and attempted murder, using in a public place a knife to strike repeated blows to the head and body, and in particular the neck, of your victim, in which substantial bilateral incised wounds were inflicted by you.

The agreed narrative read to the court today discloses that this attack was unprovoked, sustained and murderous in its nature.

“Your criminal record comprises nine groups of previous convictions, including two for offences of violence at indictment level, most notably your conviction in 2003 for assault to severe injury and permanent disfigurement, while on bail, in respect of which you received a three year custodial sentence together with a one year supervised release order.

You have served three prison sentences to date, most recently a sentence of eleven months imprisonment in 2009 for an offence under the Misuse of Drugs Act 1971.

“I have listened carefully to your counsel’s helpful submissions in mitigation advanced on your behalf this morning, and take all that has been said into account in selecting the period of custody which you must serve for this crime.

In particular, I note your whole family circumstances, historically and currently, the gap in your offending since the last prison sentence was imposed upon you, and also your employment history.

“On any view, however, the gravity of the offence before the court today plainly merits the imposition of a very substantial custodial disposal, no other sentence being at all appropriate in the whole circumstances.

“In the light of your record and in particular the prior analogous offence of serious violence which I have already mentioned, taking into account the submissions in mitigation to which I have already referred and of course affording you an appropriate discount for your plea of guilty at today’s preliminary hearing, I now sentence you as follows.

“You will serve a sentence of imprisonment of seven years and six months’ duration, discounted from a period of ten years due to the timing of your plea, backdated to 5 November 2018, being the date of your initial remand in custody in this case.”