The Court of Appeal reduced Alan Wilson’s sentence from seven years to six after allowing his appeal against severity of sentence. It directed that the six-year sentence run from the date identified by the Circuit Court.
In a judgment delivered on 9 November 2015, the court considered submissions that the seven-year sentence was excessive. The appeal submissions cited Wilson’s single District Court conviction and the absence of a victim impact report before the sentencing court.
Written submissions also argued that the difference between Wilson’s seven-year sentence and the eight-year sentence imposed on a co-accused did not adequately reflect their relative involvement and previous records. The judgment records the submission that the co-accused had greater involvement and a worse prior record; it does not set out the facts of the incident, which the court said had been covered in its judgment the previous week rejecting the appeal against conviction.
A further ground concerned Wilson’s time in custody on another serious charge while technically remaining on bail in this case. He was later acquitted of that other matter. The appeal argued that he had effectively been deprived of his liberty for 12 months and should receive credit for that period.
The Court of Appeal said that, without making any general statement of principle, the combination of factors identified made a one-year reduction appropriate. It also took account of a report from the prison governor indicating that Wilson had made some progress. The court substituted a six-year sentence for the seven-year term imposed in the Circuit Court.