Aberdeenshire murderer has part of sentence cut on appeal

A man who murdered another man in Aberdeenshire has had part of his sentence cut on appeal.

Liam Hay, 21, was jailed for life - with a minimum term of 19 years in prison - for killing Anthony McGladrigan, 51, at his home in Cuminestown in June last year.

He admitted the offence after the court heard he had been on a five-day drugs binge before the attack.

But during his appeal, representatives for Hay argued that his age had not been taken into consideration during sentencing.

A written judgement from the hearing, issued today, said: "The appellant was himself responsible for his choices in taking drugs and participating in a prolonged 'bender'. The first factor is clearly a relevant one, a lack of maturity and an underdeveloped sense of responsibility being found in youth much more often than in adults, often resulting in impetuous and ill-considered actions and decisions.

"This has a bearing on the drug use; not that it excuses in any way his behaviour or offers mitigation for it, but that it is one type of reckless and irresponsible behaviour to which youth may be more prone than adults."

It added: "This was a serious, unprovoked and distressing offence, aggravated by having been committed in the victim’s own home and in the presence of members of his family. 

"Having regard to all relevant factors we consider that an appropriate headline sentence would have been 18 years. There is usually a considerable utilitarian value in a plea of guilty to a charge of murder.

"Having regard to the timing of the plea at what was the first calling of a preliminary hearing we consider that a discount of two years was merited, resulting in a punishment part of 16.

"As with all punishment parts, this is not an indication of the date when the appellant will be released. It specifies rather the period which must pass before the appellant may even apply for parole, a process which is not easy.

"We shall allow the appeal to the extent of substituting a punishment part of 16 years for that of 19 years imposed by the sentencing judge."