Attempted murderer of child wins appeal

A thug who tried to murder a little boy in Cambuslang has had his jail sentence cut on appeal.

David McMullen attacked the child when he was left in his care but then contacted the toddler’s mother and medical help was sought.

The two-year-old underwent successful surgery following the assault on him by McMullen, days before Christmas in 2016.

McMullen, 35, from Glasgow, was jailed for eight years and seven months earlier this year after he was found guilty of attempted murder.

He had denied inflicting blunt force trauma on the toddler by means unknown to the prosecutor to the victim’s severe injury and to the danger of his life at a house in Cambuslang, on December 21 in 2016.

The sentencing judge, Lord Armstrong, told him:“You have been found guilty of the attempted murder of a two-year-old.

“This little boy was vulnerable, simply by reason of his age. “There was evidence at your trial that the force necessary to cause the injuries which you inflicted was equivalent to that to be expected from a road traffic accident.”

McMullen has now seen his jail term reduced to six years.

Defence solicitor advocate John Keenan argued before judges at the Court of Criminal Appeal in Edinburgh that the sentence imposed on McMullen was“excessive”.

He said that McMullen had contacted the child’s mother and she returned home and medical help for the victim was obtained.

Mr Keenan told Lord Drummond Young, sitting with Lord Turnbull:“It would appear that the prompt obtaining of medical treatment was in fact significant because of the nature of the injury.

“Had there been any significant delay the consequences could have been drastic.

“As a consequence of the early treatment of what was a very serious injury the complainer has, in fact, made a full recovery,”he said.

Mr Keenan argued that these were “significant factors”which should have been given more weight in the selection of the appropriate sentence.

The appeal judges noted that prompt medical treatment was critical in the child’s survival without long-lasting effects.