HMA v GRAHAM MACDONALD ELRICK

At the High Court in Edinburgh Lord Uist sentenced Graham MacDonald Elrick to six years and eight months imprisonment for the assault and robbery of an employee at a convenience store in Aberdeen on 21 October 2012.

On sentencing Lord Uist made the following statement in court:

"You have pleaded guilty to the assault and robbery of the employee of a convenience store in Aberdeen on 21 October last year. You brandished a knife at him, struggled with him and repeatedly struck him on the body with a knife, causing him injury and permanent disfigurement. You also robbed him of money, cigarettes and alcohol. This was clearly a planned crime and your victim must have been terrified by what you did to him.

 It is quite intolerable that a shop assistant, working to serve the public, should be treated in such a way. I am appalled by what I have seen on the video recording of the incident.

 You are now 26 years old and it is clear from your schedule of previous convictions that you are a career criminal. Your record, dating from April 2003, is wholly deplorable. You have numerous convictions for dishonesty, as well as five convictions for crimes of violence, have been sentenced to detention or imprisonment on many occasions and have repeatedly breached bail and probation orders. In December 2004 you were sentenced in the High Court to 42 months imprisonment for assault to injury with intent to rob in breach of bail and a contravention of section 16A of the Firearms Act 1968 in breach of bail. In January 2009 at Aberdeen Sheriff Court you were sentenced to 2 years imprisonment and a supervised release order of one year for assault to severe injury in breach of bail. In December 2009 at Aberdeen Sheriff Court you were sentenced to 30 months imprisonment for assault to injury and robbery.

 You have received four other sentences of imprisonment for other crimes since then. If you continue with your life of crime you will end up spending the rest of your life in prison. The time has now come for a very long sentence indeed to be imposed on you in order to protect the public from your criminal activities. Your existing sentences do not expire until 16 March of this year. I shall not make any order that you be returned to prison to serve the outstanding portion of any sentence, but at the same time I shall not backdate the sentence I am about to impose, which will run from today’s date. Had you been convicted by a jury after trial I would have imposed a sentence of ten years imprisonment. As you have pleaded guilty at an early stage in proceedings that sentence will be discounted to 6 years 8 months imprisonment."

Sentencing Statements

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