HMA v THOMAS O’LEARY

At the High Court in Edinburgh today, 19 August 2014, Lord Uist sentenced Thomas O’Leary to a punishment part of five years’ imprisonment and imposed an order for lifelong restriction after he was convicted of assaulting two former girlfriends.

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

“Thomas O’Leary, you were convicted by the jury at Glasgow Sheriff Court of a total of eight charges, six of which were charges of assault. The crimes of violence of which you were convicted consisted of assaults against two former girlfriends, in one case to her injury and the danger of her life and in the other to her severe injury and the danger of her life. In light of your criminal record and the circumstances of these crimes I cannot understand why the Crown thought fit to prosecute this case in the sheriff court.         

You are now 31 years of age. Your record consists of seven separate court appearances, two of which are notable for present purposes. In September 2004 you were sentenced at Glasgow Sheriff Court to an extended sentence consisting of a custodial term of 4 years 6 months imprisonment and an extension period of 2 years 6 months for two crimes of assault to severe injury and permanent disfigurement committed while you were on bail. In December 2008 you were sentenced to 12 months imprisonment for two crimes of assault. 

Having considered the social work, psychiatric and risk assessment reports on you I am in no doubt that you represent a serious danger to the safety of the community. You have been assessed by the risk assessor as being a high risk to the safety of the public at large. It is clear that the risk criteria are met in your case. 

I therefore make an order for lifelong restriction in respect of you on charges 1, 3, 4, 6, 8 and 10, the charges of assault. I must also fix the punishment part of your sentence, being the period which you must spend in full in prison before you can even make an application to the Parole Board for Scotland for release on licence. 

Had I been imposing a determinate sentence on you on the charges of assault I would, in light of your record and the circumstances of the crimes as described by the sheriff in his report, have imposed a sentence of 10 years imprisonment, which would have entitled you to apply for release on licence after having served 5 years in custody. I therefore fix the punishment part of your sentence on these charges at 5 years, to run from 31 August 2012. 

You must not assume that you will automatically be released at the end of that period: you will be released only when the Parole Board considers that it is no longer necessary for the protection of the public that you continue to be held in prison. 

On charges 7 and 13 you are admonished.”

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