HMA v Andrew McCaw 2019Mr McCaw has successfully appealed against his sentence due to an error in the way the sentence was imposed. In May 2019 Mr McCaw pled guilty to a charge at Glasgow’s High Court that read “on 23 November 2018 … you did assault [MC], then your partner, … and did repeatedly punch her on the head and repeatedly kick her on the body, repeatedly seize her by the hair and drag her by the body, all to her injury; and it will be proved in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 that the aforesaid offence was aggravated by involving abuse of your partner …”.
As a result of this the appellant was returned by the judge back to prison as a result of a return order as he still had 117 days on licence from a previous housebreaking offence. The appellant had a long record of previous convictions. The sentencing judge made clear that the appellants was to serve the 117 days before serving the 3 years and 3 months sentence that was imposed for the new offence. 3 months was attributed to the aggravation of the charge.