Culpable Homicide Appeal Refused
HMA v Tasmin Glass 2019
Ms Glass who appealed against her 10 year prison sentence has had her appeal refused. The appellant was found guilty after trial of culpable homicide after it was found she instigated an attack on her ex-boyfriend that took place at the hands of her two co accused. Ms Glass appealed her sentence on the basis that the sentence was ‘excessive’ in the circumstances.
However, the High Court did not agree and stated they could not criticise the judges reasoning. The two co-accused – who were found guilty of the murder of the man were both sentenced to 23 years imprisonment. The appellant argued that the trial judge failed to take in to account that she was only 19 years old at the time of the offence, still living at home and had no previous convictions. A social work report was also carried out and was on positive terms, stating she was a low risk of reoffending.
However, the Appeal Judges at the High court in Edinburgh did not agree with Lord Brodie stating: “We have not been persuaded that the trial judge’s sentence was excessive when regard is had to the degree of the appellant’s culpability for the death of the deceased and her personal circumstances. The appellant was not found guilty of murder. That was significant. She was however found guilty of culpable homicide and there is no challenge to that verdict. That also was significant. ..She played a pivotal role in the killing. She was the prime mover behind the assaults on the deceased. Without her active encouragement and participation, the attacks could not and would not have occurred. In these circumstances, the trial judge took the view that the appellant had been convicted of a serious offence of culpable homicide and that she had to be sentenced according