Outrage at ‘insult to victims’ as judge lets thug walk free
prisoners were allowed to go home for the Christmas holidays.
Earlier this week it was revealed that the number of criminals being let off with community service has soared.
Commenting on Kane’s case last night, Scottish Tory justice spokesman Douglas Ross said: ‘If the Scottish Government is serious about cracking down on violent crime, it wouldn’t oversee a justice system that repeatedly reaches soft disposals like this.
‘It sends a message that someone who causes brain damage to a victim may well not be imprisoned. That’s bad for deterrence and an insult to the victims of serious crime.’
Kane claimed he had lashed out in self-defence after being involved in a ‘tussle’ with Mr Johnston in Crown Street, Aberdeen, on August 6 last year.
His trial heard Mr Johnston suffered brain damage, spent months in hospital, had to have part of his skull removed and was so badly injured he will never recover fully or be able to live independently.
The incident started after Kane shouted at Mr Johnston and his friend to tell them to stay away from a woman they had been talking to, the High Court in Aberdeen was told.
Mr Johnston was then said to have run towards Kane’s car before ‘a tussle’ took place.
Giving evidence in his own defence Kane – who has a previous conviction for assault to severe injury – said he hit Mr Johnston as he was backing off because he ‘did not know if he was going to come back’.
He said he had acted in that way as his girlfriend had been attacked during the incident and he was protecting her.
Last month, a jury at the High Court in Aberdeen took just over an hour to find him guilty of assaulting Mr Johnston, but ruled it was under provocation.
Calling for background reports and adjourning the case, Judge Morris warned Kane: ‘The likely outcome is a prison sentence.’
But when Kane appeared at the High Court in Paisley yesterday the judge said: ‘You’ll be relieved to know, with some considerable hesitation, I’ve decided not to send you to prison. You are a very young man who is fortunate to have some very good friends and support from caring family members.’
He added: ‘I think your behavwould iour was disgraceful – I don’t know what you were thinking of.
‘I am a bit worried about your temperament – that you react to such trivial matters in such a way. To send you to prison, with all the circumstances I’ve just narrated, that prison sentence be derisory and wouldn’t do any good.’
He placed Kane, of Aberdeen, on a community payback order (CPO), requiring him to complete 300 hours’ unpaid work and be supervised by social workers for the next three years.
Last month, a row erupted after Sheriff John Rafferty showed leniency to Amanda McCabe at Dundee Sheriff Court when she appeared for sentencing for the road rage attack.
McCabe followed Claire Smith in her car before blocking her in a car park, hauling open the driver’s door and punching her.
After the 47-year-old claimed she had been travelling to a wool shop when the incident happened the sheriff told McCabe to bring ‘several knitted items’ to court on her sentencing date, when he then admonished her.
Scottish Government figures this week showed the number of people receiving CPOs rose from 461 in 2010-11, when they were brought in, to 16,742 in 2015-16.
Commenting on Kane’s case, a spokesman for the Judicial Office for Scotland said: ‘Sentencing is a matter for the court, having regard to the particular facts and circumstances of the case as well as any mitigatory factors.’