A 23-year old man who stabbed a man after asking him if he was giving evidence in a trial has lost his appeal against an extended sentence of 65 months with a four-year custodial element. 

The accused James Dunn pled guilty at the First Diet in the Sheriff Court to assault to severe injury and to a statutory offence of possession of a knife. 

The accused had argued that the Sheriff had not taken all the relevant factors into account when looking at the level of the sentence. 

The appellant had encounter the complainer in the street and simply asked him if he was giving evidence in an upcoming trial placing the complainer in a state of alarm.

The appellant had then followed the complainer and then took a knife to the complainers face. He then required 15 stitches and was left with a scar. 

Due to the accused age the Sentencing Young People guidelines applied. In confirming the headline sentence, the sheriff took the view of a cumulo sentence of 72 months reduced to 65 months to take into account of the appellant’s age at the date of the sentencing. 

It was further submitted that the appellant had shown willingness to turn his life around and make a change as he completed a course in mechanics and has a number of other training certificates. However the Sheriff did not account for the appellant’s lack of maturity and increased potential for long- term rehabilitation. 

Although, Lord Boyd concluded that the Sheriff took into consideration the appellant’s personal circumstances. However, due to the offence, Lord Boyd regarded the accused as being high risk and dangerous to the public therefore the appeal against sentence was refused.