HMA v Domenica Smith

At the High Court in Edinburgh today, 11 September 2019, Lord Boyd of Duncansby sentenced Domenica Smith to a community payback order for a period of 18 months with a supervision requirement, after the accused was found guilty of assault and behaving in a threatening or abusive manner.

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

“Domenica Smith, you were convicted by the jury of three offences. Two of these relate to behaving in a threatening or abusive manner. The third is the assault on Kayleigh Boyle. The charge of murder of Brian Boyle was found ‘not proven’.

“The jury were not satisfied that you bore any responsibility for what happened to Brian Boyle. However, having regard to the evidence it is clear to me that you were the fulcrum around which these events occurred.

“The threatening and abusive behaviour at Armadale Path was in pursuit of a man named Connor Hart who was your ex-partner. As you accepted to the social worker it was fortunate that Mr Hart could not be found.

“You and your former co-accused then drove to Reidvale Street where you proceeded to vandalise Kayleigh Boyle’s car apparently pursing a long standing animosity towards her thus bringing Kayleigh and her father out onto the street. You played no part in what happened to Brian Boyle but you did assault Kayleigh Boyle.

“While I am prepared to accept that you regret your actions and feel shame and disgust at your behaviour the social worker who compiled the report noted that there was no display of emotion or victim empathy in relation to the tragic and devastating outcome of the events of 9 July 2018. Your counsel has however informed me that you have expressed remorse to him.

“I do not consider the offences of which you were convicted as anything other than substantial. I sentenced Paul McCann and Mark Moncrieff to three years imprisonment on charge 1 and Paul McCann to two years imprisonment on charge 2. That gives you an indication of the seriousness with which I view these charges.

“In determining the level of sentence for you I take into account that you appear before me as a first offender in contrast to Paul McCann and Mark Moncrieff both of whom were much older with very substantial criminal records for serious crime.

“Nevertheless were it not for the fact that you already served the equivalent of a 26-month prison sentence I would have been minded to impose a prison sentence.

“It seems to me from reading the social work report that you have problems with drug and alcohol misuse. I am however re-assured by your counsel that you have been able to address these issues while in prison on remand. You have also associated with criminal elements.

“You lack structure in your life and appear to have no goals to aim for and few people to look out for you.

“I have concluded that the time in prison awaiting trial is sufficient to meet the sentencing purposes of punishment and deterrence but for the reasons I have just outlined I am not satisfied that it adequately deals with rehabilitation. For these reasons I am going to impose a community payback order.

“It should be clearly understood that in imposing the order I have taken into account the time you have spent in prison on remand.

Notes to Editors

Domenica Smith’s former co-accused, Paul McCann and Mark Moncrieff were sentenced following trial at the High Court in Glasgow on 16 August 2019.