Judges confirm prison sentence over death of criminal armed with dagger
BY JAMES MULHOLLAND reporters@dailyrecord.co.uk
A MAN jailed for killing a career criminal who entered his home with a military-style dagger has failed in a bid to have his sentence cut.
Patrick Phinn, 50, was given five years last March for the culpable homicide of Ronald Pattison in September 2018 at his home in Easterhouse, Glasgow.
The High Court in the city heard how Phinn “led a quiet, simple life” before he stabbed 38-year-old Pattison 17 times.
Phinn had been watching TV with his partner when Pattison – who was known to be a “man of violence” – broke in and demanded cash. He slashed Phinn who grabbed a knife and fought back.
Phinn was originally charged with murder but jurors convicted him on the lesser charge.
Yesterday, defence advocate Tony Graham QC told the Court of Criminal Appeal that the circumstances of the offences meant that the judge in the trial, Lord Matthews, should have imposed a lesser sentence.
Mr Graham said that his client had been faced with an armed man who had broken into his house and who inflicted an injury on him.
He said: “He entered into the house with a military-style dagger. The deceased was prepared to use mortal violence against the appellant.
“I invite your lordships to find that the exceptional circumstances which the appellant found himself in would allow your lordships to impose a lesser sentence.”
However, appeal judges Lord Malcolm and Lord Pentland refused to allow the appeal. Lord Pentland said evidence led in court showed that Phinn told police the confrontation gave him the “best chance” to put Pattison “down”.
He said this and other evidence meant the fiveyear term was justified.