HMA v Daniel Brown

At the High Court in Glasgow today, 1 August 2019, Lord Matthews sentenced Daniel Brown to detention for life with a punishment part of 15 years and 10 months after the accused pled guilty to the murder of Daryl Nimmo.

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

“Daniel Brown, you have pleaded guilty, at the earliest stage you could, to the murder of Daryl Nimmo, a man whose loss has had a devastating impact on his family.

“I have read an impact statement from his elder sister, who has very eloquently expressed what his death has meant to the family. I am sure she feels, however, that her words are inadequate, just as I know that no sentence I can pass will in any way make up for what has happened.

“I note that you accept that the attack on Mr Nimmo was brutal and that is an appropriate adjective.

“You stabbed him in what would seem to be a frenzied manner, inflicting a considerable number of injuries which brought about his untimely and needless death.

“The only explanation for this conduct is the fact that you were grossly intoxicated through drink and drugs.

“I take on board what has been said about that being the background to the attack and possibly an explanation for your callous comments afterwards but, as your counsel has rightly said, it is no excuse.

“The only sentence I can impose is one of detention for life. In addition I have to fix a period which must pass before you can apply for release on licence. That is known as the punishment part of the sentence.

“Whether and when you are released thereafter will be for others to determine but even if you are released you will always be subject to the conditions of a licence and liable to be recalled to prison if you are in breach of any of them.

“In fixing this period, I have had regard to your age, the circumstances of the offence, your difficult background as brought out in the criminal justice social work report, and the psychiatric report which I have seen. I have taken full account of what has been said by your counsel.

“You have a record, mostly for public order offences, one of them involving a knife, but you have two convictions for possession of a knife under section 49(1) of the Criminal Law (Consolidation) (Scotland) Act 1995, one of these on indictment, and one conviction for assault. I take account of them also.

“In all the circumstances I have decided, principally in view of the sustained and vicious nature of the attack, that the appropriate punishment part, had the matter proceeded to trial, would have been 19 years.

“As it is, in view of your early plea, I sentence you to detention for life to run from 15 April 2019 and I fix the punishment part at 15 years and 10 months.”