![]() ![]() We do not consider it appropriate or helpful to seek to draw fine distinctions between the respective records of the two offenders. Like the appellant in that case the present appellant has a disgraceful record of previous offending. However, he went on to say: “We consider that there is force in the submission that the sentence selected by the sheriff was excessive when compared with that imposed by this court in Lindsay. As the sheriff aptly observes, such conduct is all the more deplorable in the course of the pandemic.” Further, the appellant’s prior criminal record featured fewer analogous convictions to those present in the Lindsay case.ĭelivering the opinion of the court, Lord Pentland began: “The sheriff was undoubtedly right to take a serious view of the appellant’s conduct in assaulting a police officer by spitting at her in the face from close range. It was submitted that in Lindsay the offence had been aggravated by potential danger to the lives of the police officers, as the charge was one of culpably and recklessly coughing in the faces of two police officers whilst claiming to have Covid-19. Counsel for Mr Dewar submitted that the headline sentence was excessive, particularly when compared to the circumstances of another case, HMA v Lindsay (2020). The sentencing sheriff imposed two concurrent sentences of imprisonment, with the sentence for the assault offence being 33 months’ imprisonment, discounted to 22 months’ imprisonment by the appellant’s guilty plea. At the time of the offences Mr Dewar was drunk and the officers were attempting to take him home. The first appellant, Mr Dewar, was charged with shouting and swearing at police officers, calling them derogatory and racially offensive names, and spitting on the face of a police officer in the course of her duties. The first appellant was represented by Findlater, advocate, the second appellant by Paterson, solicitor advocate, and the advocate depute was A Gray, solicitor advocate. ![]() The appeals were heard by Lord Pentland and Lord Matthews. Mr Dewar was sentenced to a net total of 22 months’ imprisonment including plea discount, while Mr McLean was sentenced to a total of 3 years’ imprisonment. Gordon Dewar and Barry McLean both pled guilty to assaulting a police officer, as well as other offences of behaving in a threatening or abusive manner. Two men who were sentenced to varying periods of imprisonment for spitting at police officers during the course of the Covid-19 pandemic have had their sentenced reduced by the Appeal Court of the High Court of Justiciary. ![]()
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