HMA v Michael Jamieson

At the High Court in Glasgow today, 15 March 2019, Lord Armstrong sentenced Michael Jamieson to eight years and eight months’ imprisonment after the accused pled guilty to attempted murder and several other assault charges.

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

“Michael Jamieson, you have pleaded guilty, under section 76 accelerated procedure, to eight charges in all. These eight charges, all concerning crimes committed by you on the same day, 3 November 2018, include the attempted murder of a man aged 79 years, an assault on his wife, of the same age, the serious assault of another man, aged 82 years, three other assaults, the damaging of property, and the assault of a police constable acting in the course of her duty.

“Three of these assaults and the attempted murder, committed by you, took place in the homes of the complainers concerned. All of these eight charges are aggravated by the fact that you were on bail at the time.

“In particular, you committed the attempted murder of Thomas Gray, by compressing his neck and strangling him, and stamping on his body, all to his severe injury, and to the danger of his life. The attack was unprovoked, on an elderly man, in his own home.

“Mr Gray sustained serious life changing injuries which included facial injuries, nine broken ribs, a right-sided haemothorax, acute kidney injuries, and brain injury. As a consequence he was seriously ill, and remained in hospital for some four weeks.

“This was a cowardly and senseless, but ferocious and murderous attack.

“Your attack on Mrs Gray, also unprovoked, and in her own home, resulted in her sustaining head injuries and resulting cognitive confusion.

“I have read and taken account of the criminal justice social work report now available, the terms of which indicate that, at the time when it was compiled, you had limited insight into your offending and its impact on those affected by it.

“I have noted the terms of victim impact statements from the complainers concerned in charges 3 and 4. As a result of your attacks on them, each now has to walk with a stick and continues to suffer pain. Your criminal actions have had a continuing a devastatingly detrimental effect on the quality of their lives.

“I have listened carefully to what has been said this morning on your behalf. I note the terms of your letter, that you have expressed remorse, and now recognise the gravity of your crimes. I note that the nature of your upbringing may have had an effect on your behaviour.

“I note that you have no recollection of your actions at the relevant time, but that you now accept responsibility for what you have done. I note that, you, yourself, in your letter, have described these crimes as ‘horrific’.

“You are 22 years of age. Your criminal history discloses some 18 previous convictions, stemming from 12 court appearances, dating from 2015, when you were 19 years of age. You have been previously convicted of a variety of different criminal offences, and have been sentenced to detention on five previous occasions.

“Had I been considering sentence in relation to each of these charges separately, there would be some justification for doing so on a consecutive basis. I am satisfied, however, that to do so would result in a disproportionately excessive disposal.

“That being so, I intend to impose on you a single sentence of detention, in cumulo, which will adequately reflect the totality of the criminality involved in respect of these charges, viewed as a whole. In doing so, I will discount the sentence which I would otherwise have imposed, in recognition of your early pleas and the resulting public utility.

“But for your early pleas, I would have imposed on you, in respect of all eight charges, a single sentence, in cumulo, of a period of detention of 13 years, of which I would have apportioned one year in respect of the breaches of bail involved in the commission of these crimes. In the result, the cumulo sentence I will in fact impose on you is one of a period of detention of eight years and eight months.

“That sentence will have effect from 2 November 2018, when you were first detained in custody in relation to these matters.”