A recent ruling by the High Court in Edinburgh has seen the prison sentence for Donald Sandilands, also known as Donna Sandilands, reduced following a terrifying chainsaw attack in Kinross. Sandilands had previously been jailed for six years for the assault on an 80-year-old local resident, Alexander McTavish, at his High Street home.
The incident, which occurred on February 9 of this year, shocked the normally quiet community of Kinross. The court heard how Sandilands, wielding a dangerous chainsaw, drove through Mr. McTavish’s gate before confronting him. During the harrowing ordeal, Sandilands struck the elderly victim on his left hand and hip, causing significant injuries.
The severity of the attack forced Mr. McTavish to flee his own home, with Sandilands in pursuit. The dangerous confrontation only ended when a police firearms officer intervened, drawing a Taser, which led to Sandilands dropping the weapon and being apprehended. Mr. McTavish required surgery to repair tendon damage to his left hand, highlighting the serious nature of the injuries inflicted.
The background to this disturbing event stemmed from a dispute over a tractor sale between Mr. McTavish and Sandilands’ father. During the assault, Sandilands was heard demanding his father’s money, coupled with a threat to kill the pensioner, underscoring the aggressive and premeditated nature of the attack. Original Sentencing and Appeal
At an earlier hearing in the High Court in Edinburgh, Sandilands, 45, pleaded guilty to assaulting Mr. McTavish, causing severe injury, permanent impairment, disfigurement, and endangering his life. The sentencing judge, Lord Ericht, described the incident as a “horrific, terrifying, persistent attack.” Lord Ericht initially stated that the crime warranted a nine-year custodial sentence but reduced it to six years in light of Sandilands’ early guilty plea, a standard consideration in Scottish legal proceedings.
However, Sandilands’ legal team subsequently appealed the six-year jail term, arguing it was excessive given the specific circumstances of the case. Defence solicitor advocate Ann Ogg presented mitigating factors to the Court of Criminal Appeal, highlighting Sandilands’ previously unblemished record for violent offenses. She informed the court that Sandilands had maintained a good work history until he sustained life-threatening injuries in a serious accident in 2015. Ms. Ogg contended that the initial sentencing judge did not give adequate weight to the profound impact this earlier accident had on Sandilands’ life and mental state, suggesting it played a role in his subsequent behaviour. Appeal Court’s Decision
The appeal was heard by Lord Doherty, sitting with Lady Wise. After careful consideration of the submissions, Lord Doherty acknowledged the gravity of the offense, stating unequivocally that “this was a terrifying assault with a dangerous weapon upon a vulnerable man.” Despite this, the appeal judges concluded that a starting point of seven-and-a-half years imprisonment would be a more appropriate “headline sentence” for the crime, rather than the initial nine years. This revised headline sentence was then further reduced to a five-year jail term, reflecting the credit due for Sandilands’ guilty plea.
The decision by the Appeal Court means Sandilands will serve a reduced period in prison for the assault. This case serves as a stark reminder of the serious consequences of violent actions and the complexities of the legal process in balancing justice with individual circumstances. The Kinross community, while relieved by the initial swift justice, may now reflect on the nuances of such judicial outcomes.
For residents of Perth and Kinross, incidents of this nature are a rare occurrence in their generally peaceful towns and villages, making the details of this case particularly impactful locally. It underlines the importance of community safety and the role of the justice system in addressing such profound breaches of peace within residential areas.
The incident, which occurred on February 9 of this year, shocked the normally quiet community of Kinross. The court heard how Sandilands, wielding a dangerous chainsaw, drove through Mr. McTavish’s gate before confronting him. During the harrowing ordeal, Sandilands struck the elderly victim on his left hand and hip, causing significant injuries.
The severity of the attack forced Mr. McTavish to flee his own home, with Sandilands in pursuit. The dangerous confrontation only ended when a police firearms officer intervened, drawing a Taser, which led to Sandilands dropping the weapon and being apprehended. Mr. McTavish required surgery to repair tendon damage to his left hand, highlighting the serious nature of the injuries inflicted.
The background to this disturbing event stemmed from a dispute over a tractor sale between Mr. McTavish and Sandilands’ father. During the assault, Sandilands was heard demanding his father’s money, coupled with a threat to kill the pensioner, underscoring the aggressive and premeditated nature of the attack. Original Sentencing and Appeal
At an earlier hearing in the High Court in Edinburgh, Sandilands, 45, pleaded guilty to assaulting Mr. McTavish, causing severe injury, permanent impairment, disfigurement, and endangering his life. The sentencing judge, Lord Ericht, described the incident as a “horrific, terrifying, persistent attack.” Lord Ericht initially stated that the crime warranted a nine-year custodial sentence but reduced it to six years in light of Sandilands’ early guilty plea, a standard consideration in Scottish legal proceedings.
However, Sandilands’ legal team subsequently appealed the six-year jail term, arguing it was excessive given the specific circumstances of the case. Defence solicitor advocate Ann Ogg presented mitigating factors to the Court of Criminal Appeal, highlighting Sandilands’ previously unblemished record for violent offenses. She informed the court that Sandilands had maintained a good work history until he sustained life-threatening injuries in a serious accident in 2015. Ms. Ogg contended that the initial sentencing judge did not give adequate weight to the profound impact this earlier accident had on Sandilands’ life and mental state, suggesting it played a role in his subsequent behaviour. Appeal Court’s Decision
The appeal was heard by Lord Doherty, sitting with Lady Wise. After careful consideration of the submissions, Lord Doherty acknowledged the gravity of the offense, stating unequivocally that “this was a terrifying assault with a dangerous weapon upon a vulnerable man.” Despite this, the appeal judges concluded that a starting point of seven-and-a-half years imprisonment would be a more appropriate “headline sentence” for the crime, rather than the initial nine years. This revised headline sentence was then further reduced to a five-year jail term, reflecting the credit due for Sandilands’ guilty plea.
The decision by the Appeal Court means Sandilands will serve a reduced period in prison for the assault. This case serves as a stark reminder of the serious consequences of violent actions and the complexities of the legal process in balancing justice with individual circumstances. The Kinross community, while relieved by the initial swift justice, may now reflect on the nuances of such judicial outcomes.
For residents of Perth and Kinross, incidents of this nature are a rare occurrence in their generally peaceful towns and villages, making the details of this case particularly impactful locally. It underlines the importance of community safety and the role of the justice system in addressing such profound breaches of peace within residential areas.