David Docherty was sentenced to 40 months for three firearms offenses and attempting to pervert justice. 

The Crown argued that the temporary judge underestimated the seriousness of the crimes, which included discharging a shotgun without a license and threatening a police officer. 

Although the house was unoccupied during the shotgun incident, Lady Dorian criticized the judge’s reasoning as lacking logic and not reflecting the danger posed. 

She highlighted Docherty’s extensive criminal history, noting that rehabilitation was unlikely and emphasising the need for public protection. 

The court determined a fair headline sentence should be 10 years. 

The appeal was allowed and the new sentence was set to account for Docherty’s time already spent in custody.