HMA v KEVIN POLLOCK

At the High Court in Edinburgh Lord Stewart sentenced Kevin Pollock to eight years in prison after he pled guilty to the attempted murder of Scott Baxter in Port Glasgow on 2 June 2011.

On sentencing Lord Stewart made the following statement in court:

“Kevin Pollock, you have been convicted on your own plea of attempted murder. You pled guilty on 8 December 2011, the date that had been assigned for your trial. Your plea had been agreed with the Crown three weeks before. I have taken this into account.

On 8 December the case was adjourned for a Social Enquiry Report until 13 January and then continued administratively on defence motion until 20 January. On 20 January your Senior Counsel drew attention to indications that a psychiatric report might be appropriate and the case was further adjourned to allow that report to be prepared. Reassuringly the report now available gives you a clean bill of health while confirming a number of challenges you have had in your life as well as your alcohol and substance abuse.

On 2 June 2011 you attempted to murder Scott Bonnar by repeatedly stabbing him with a knife while he lay on the ground in what was in my view an unprovoked attack. You committed the offence while on bail. You have a record of knife carrying.

Having taken into account the well judged plea in mitigation by Senior Counsel on your behalf, the terms of your previous convictions according to the amended notice, the terms of the Social Enquiry Report, the terms of the Psychiatric Report dated 6 February which was ordered at the last calling and all the other circumstances of the case, including the circumstances in which the plea was tendered as I perceive them, I shall sentence you to imprisonment for a period of eight years commencing on 6 June 2011 the date when you  first appeared in court from custody. I am bound in terms of section 196 of the Criminal Procedure (Scotland) Act 1995 to take account of your plea of guilty including all the circumstances in which the plea was tendered.

As stated, I have done this. Had you not pled guilty when you did I would have sentenced you to nine years imprisonment. Six months of the sentence that I have imposed is attributable to the bail aggravation”.