HMA v MICHAEL JOHN MCINNES

Today at the High Court in Edinburgh Lord Pentland imposed an extended sentence of nine years on Michael McInnes after he pled guilty to the attempted murder of Kevin McNee at Jackson Court, Coatbridge on 13 May 2009. The sentence is composed of a custodial term of 6 years followed by an extension period on licence of 3 years.

On sentencing Lord Pentland made the following statement in court:

"Michael John McInnes, you have pled guilty to the attempted murder of a man in his own home by repeatedly punching him on the head and body and repeatedly kicking and stamping on his head and body after he had fallen to the ground. As a result of this vicious and unprovoked attack, the victim has been left with substantial disabilities, which will be permanent. The attack involved an element of planning and premeditation on your part and was fuelled by your consumption of drink and drugs. According to the Social Enquiry Report, you have shown little regret for your actions or empathy for the victim. Indeed, you sought to try to justify the attack to the author of the report.

Although you are only 20 years old, you have already accumulated a bad criminal record (including convictions for offences of violence) and have failed to take advantage of considerable support which has previously been made available to you by the relevant authorities. I note in this connection that you have already been made subject to four probation orders.

I have taken account of all that your counsel has said on your behalf this morning. I note that the Social Enquiry Report assesses you as presenting a high risk of re-offending and a high risk of causing serious further harm in the event that you re-offend.

In the circumstances, I am in no doubt that the protection of the public requires me to impose an extended sentence on you.

This is in two parts. The first part is custodial. In view of the gravity of the present offence and your record, I consider that you must serve a substantial period of detention. This will be for 6 years, discounted from 8 years to reflect your guilty plea. 6 months would have been attributable to the bail aggravations.

The second part of the extended sentence is called the extension period, during which you will continue to be on licence on conditions fixed by the Scottish Ministers.  If you breach those conditions or commit another offence, you may be returned to custody in respect of the current sentence.  This would be over and above any sentence for a new offence.  I fix the extension period at 3 years.  The result is that your total extended sentence is 9 years.  The commencement of your sentence will be backdated to 10 December 2010".

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