The High Court of Justiciary has reduced the sentence of a man convicted of the attempted murder of a rival gang member. The case was referred to the court by the Scottish Criminal Cases Review Commission.
The appellant, Dillin Armstrong, was given an extended sentence of 13 years, he was 24 at the time. Mr Armstrong appeared at court with five other co-accused for attacking another man in 2018. All were members of the same gang and all but one of them were charged with attempted murder.
The appellant’s four co-accused all between the ages of 16-21 had their sentences reduced on appeal. The SCCRC determined that the appellant’s sentence should be reduced to no longer than what had been imposed upon his co-accused, who had struck the complainer on the head. Mr Renton was given a 7-year headline sentence.
Lord Carloway delivered the opinion of the court stating that ‘Co-accused persons who have been convicted of the same, or a similar, offence, ought to attract substantially the same sentences. If it were otherwise, the sentences, or at least one of them, will be perceived to be unfair’. The court did consider Mr Renton’s sentence to be particularly lenient. However, the court considered that Mr Renton’s sentence had to be taken into consideration as a matter of comparative justice.
The court concluded that the extended sentence was merited due to the violence in his participation. However, the court determined that the sentence imposed at trial had to be reduced in line with comparative justice.
On appeal the court reduced the appellant’s sentence from 13 years, 10 of them custodial to an 11 year extended sentence with a custodial element of 8 years.