Dale Gardiner was convicted of a charge of culpable homicide under provocation. He was sentenced to eight years imprisonment. His appeal against sentence has been refused by the appeal court.

It was heard in evidence that he stabbed his best friend to death after playing PlayStation together. At the trial he claimed that he had acted in self-defence.

The court heard that the two got into a row which led to the stabbing of William Wardrop. The victim initially staggered aware but soon after collapsed. Emergency services spent 40 minutes attempting to save his life. Gardiner was described as being ‘hysterical’ and at one stage stated: “He ran at me and I stabbed him” adding “Is he alright, my pal Willie?”.

Gardiner had originally been accused of murder before being convicted by the jury of a lesser charge. 

In sentencing him, Lady Rae stated: “There are a number of mitigatory factors in this unusual case.

“You have a minor previous conviction, which I will ignore. However, what I cannot ignore is that a young man lost his life through your actions. His family have been devastated by that loss.”

It was argued on behalf of Gardiner that the sentence imposed was excessive given the nature of crime and it should be reduced. The appeal was heard by Lord Matthews and Lady Wise who determined that the sentencing judge had acted correctly in imposing the eight-year custodial sentence.