The Press and Journal (Inverness, Highlands, and Islands)
Man jailed for attempted murder launches appeal
Court: Teenager who joined in masked attack claims miscarriage of justice
A teenager imprisoned for participating in a brutal northeast attempted murder has begun an appeal against his sentence.
Brandon Douglas, 18, is serving 10 years and three months behind bars for taking part in an assault on Allan Roy at his home in Fraserburgh in November 2018.
He was convicted of being one of three masked men who rampaged through Mr Roy’s home, broke down his bathroom door with an axe, assaulted and then robbed him.
But he claims to be the victim of a miscarriage of justice and the Court of Criminal Appeal was told yesterday that judge Lord Mulholland made an error during proceedings at the High Court in Aberdeen last year.
Advocate Iain Smith told judges Lord Brodie, Lord Malcolm and Lord Turnbull that his client’s legal team made a no case to answer submission during submissions. During his trial they told Lord Mulholland there wasn’t enough evidence to convict Douglas for taking part in the attack.
He disagreed and allowed the case against Douglas to proceed, but Mr Smith yesterday told the Appeal Court Lord Mulholland had acted incorrectly.
“His Lordship should have upheld the no case to answer submission,” the advocate said as he addressed the judges during a virtual hearing of the court.
During proceedings in Aberdeen last year, a jury heard evidence that Douglas had teamed up with Martin Gemmell, 28, and Brandon Wilson, 22, to break into Mr Roy’s home.
The trio were said to have launched an assault on Mr Roy that left him “severely injured and permanently disfigured” before stealing a games console and two mobile phones. Mr Roy now walks with crutches and requires a hip replacement.
He told officers he was chased through his house by the masked attackers, who broke down a bathroom door with an axe when he tried to hide.
Wilson and Gemmell also broke into Scott Thomson’s home in Boddam on the same day and attacked him with knives.
Prosecutor Alan Cameron told the High Court the trio “did not care if Mr Roy lived or died”.
In his closing speech to jurors, Mr Cameron said: “They could have easily killed him and were wickedly reckless.”
Wilson was jailed for seven years, while Gemmell was given a 10
“They could have easily killed him and were wickedly reckless”
year sentence. Douglas – who has previous convictions for assault to injury using a stun gun and metal bar – was locked up for 10 years and three months.
Prosecution lawyer Richard Goddard QC told the judges at the Court of Criminal Appeal yesterday that Douglas had not fallen victim to a miscarriage of justice.
He added: “There was sufficient evidence available to entitle the jury to convict the appellant and to conclude that he was one of the three men who broke into the house and participated in the attack.”
Lord Brodie told parties in the case that he and his colleagues would issue their judgment in the near future.
“We hope to give our opinion in writing within a period of two weeks,” he said.