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NEWS
04 Dec 2008

20 years for planned and premeditated attack

Two accomplices who knifed a suspected informer before witnesses who incuded children have been sentenced tday at the High Court in Glasgow to 14 and 20 years respectively.

Temporary Judge Rita Rae QC sentenced Martin McGillivray to 14 years imprisonment and imposed a life sentence with a punishment part of 20 years on James Campbell. Mr McGillivray was found guilty of culpable homicide and Mr Campbell was found guilty of murder following the death of Gordon Dickson on the 23rd January 2008 in Wishaw.

On sentencing, Sheriff Rae made the following statement:

“In view of the jury’s verdict it is clear that both of you have been held responsible for the respective parts you played in causing the death of Gordon Dickson. The evidence indicates, in my view, that this was a planned and premeditated attack.

"The motive behind the attack was clearly related to some history of Mr Dickson having provided some information, no doubt to those in authority. I cannot ignore the reference to the deceased being described in the course of the attack as a “grass”.
I have however taken the view, after hearing the submissions of Mr Targowski, that I should not go behind the evidence that has been led before this court.

"Be that as it may, it is clear from the evidence that Mr McGillivray summoned Mr Campbell out of the shop; McGillivray then passed a lethal weapon to Campbell; he identified the intended target for an assault; and he remained in the area until the attack was over whereupon he ran off with his compatriot.

"The victim suffered eight slashing and stabbing injuries. The slash to his face, as shown in the photographs was quite appalling. He was also stabbed repeatedly in the chest area which included a stab wound to the heart. There is no doubt, that, at least on the part of Campbell, he either intended to kill Mr Dickson, or, he acted with such wicked recklessness that he cared not whether his victim lived or died. The attack was a brutal one and one which was carried out in the presence of children who were witnesses. It is notable that you, Mr Campbell, saw fit, as you were leaving the attack, to warn the children that they should say nothing about the attack.

"I have detected no real remorse from either of you for your actions. You Mr Campbell, while giving evidence, had it put to you by your counsel that you were remorseful for the killing and you agreed you were. When asked what you would say to the family of the deceased, you simply shrugged your shoulders. From the CCTV evidence it is clear that you were smiling very shortly before you attacked the deceased and I noted that when the jury returned their verdict you turned and smiled to those in the public benches. I doubt very much if you have any remorse whatsoever for this brutal attack.

"MARTIN McGILLIVRAY
In your case Mr McGillivray, the jury has convicted you of the lesser crime of culpable homicide, no doubt on the basis that the level of violence inflicted by your co-accused was not within the scope of your common criminal purpose. However you must have been aware that serious violence would be inflicted, since, immediately before the attack, you supplied a weapon, a knife, capable of causing serious injury and you identified the person to be attacked. There was evidence from which the jury could rightly infer you instigated this attack.

"You have a significant record of previous convictions numbering 26. Most relate to dishonesty and road traffic offences. But you also have a record for violence including assault and police assault.
You have a conviction for carrying a knife in August 1996 and significantly you have been convicted twice for Firearms offences including a sentence in the High Court in November of that year when you were sentenced to 5 years and 6 months for the reckless discharge of a firearm.

"JAMES CAMPBELL
In your case Mr Campbell you must realise that in respect of the murder charge there is only one sentence I can impose, although, I require to make an order setting what is called a punishment part, that is, the minimum period of time that you require to serve in prison to satisfy the requirements of retribution and deterrence.

"The effect of this will be that you will not be eligible for parole or release until the punishment part has expired. Thereafter it will be for the Parole Board and the Parole Board alone to consider whether you still present a risk to the public, or, whether you can be released on a life licence with appropriate conditions. If you are still considered a risk you will not be released.

"You too have a significant record of convictions numbering 28. You are no stranger to the courts. I note that you have convictions for violence and you have three convictions for carrying offensive weapons. Significantly you were convicted in April 1997 for attempted murder and sentenced to 7 years. It is clear that that sentence did not deter you from further serious violence – violence which has now led to a needless death.

"In imposing the punishment part I shall have regard to the following factors:-
• your serious record of convictions;
• the nature and brutality of this attack;
• the fact that it was clearly premeditated; and
• particularly in your case, that the attack was in response to your belief that the deceased had given information to the authorities.

"In these circumstances the punishment part has to be a lengthy one.

"For the reasons I have just mentioned, you Mr McGillivray will be sentenced to 14 years imprisonment. That will be backdated to 6 February 2008. 6 months of that sentence will be attributable to the bail aggravation.

"You Mr Campbell will be sentenced to imprisonment for life with a punishment part of 20 years and that will be backdated to 5 February 08”.


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