A Dundee man convicted of assault has had his 40-month prison sentence more than halved following a landmark video-link appeal.
Christopher Wilkie’s hearing was the first time video conferencing has been used in a Scottish appeal case.
The 23-year-old had been jailed at Dundee Sheriff Court after being found guilty of assaulting Paul Scroggie at Buttars Place on November 1 last year.
Wilkie remained in prison in Glasgow while his case was heard at the Court of Criminal Appeal in Edinburgh over the video link, a break from the tradition of prisoners appearing in person for appeal hearings.
A split screen showed Wilkie in a room in Barlinnie prison and the judges, court staff and lawyers in the Edinburgh courtroom.
Wilkie’s prison sentence was reduced to 16 months after the terms of his conviction were changed to a lesser charge.
He was convicted after trial before a jury and Sheriff George Way at Dundee Sheriff Court earlier this year.
It was alleged that Wilkie pursued Mr Scroggie, kicked and punched him and repeatedly stabbed him on the body with a pair of scissors or similar instrument to his severe injury and to the danger of life.
The jury deleted allegations that Wilkie kicked or stabbed Mr Scroggie but left in the aggravations of serious injury and danger to life.
Wilkie’s solicitor, advocate Chris Fyffe, asked the three appeal judges to change the conviction to assault to injury by pursuing and punching Mr Scroggie.
He said: ”This court should look at what the jury were entitled to do in terms of the proper directions they were given and they were not entitled to include the aggravations of severe and danger of life having deleted the allegation of stabbing.”
Mr Fyffe said that if the appeal judges agreed then Sheriff Way’s sentence could be regarded as excessive.
Advocate depute Lesley Shand QC said the Crown accepted that there was merit in the conviction appeal for the reasons stated by the defence.
The Lord Justice Clerk, Lord Carloway, who heard the appeal with Lord Mackay and Lord Brodie, said it was only the stabbing that could have resulted in severe injury or danger to life.
Lord Carloway said the judges had ”little difficulty” in substituting the conviction to assault to injury.