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Alesha MacPhail killer has sentence cut by three years | Alesha MacPhail killer has sentence cut by three years |
(32 minutes later) | |
The teenager who abducted, raped and murdered Alesha MacPhail has had his 27-year minimum sentence reduced by appeal judges. | |
Aaron Campbell was 16 when he was sentenced to life for killing the six-year-old on the Isle of Bute. | Aaron Campbell was 16 when he was sentenced to life for killing the six-year-old on the Isle of Bute. |
In August, his counsel, Brian McConnachie QC, told the Court of Criminal Appeal in Edinburgh that the term was excessive in light of his age. | In August, his counsel, Brian McConnachie QC, told the Court of Criminal Appeal in Edinburgh that the term was excessive in light of his age. |
Three judges ruled on Tuesday his sentence should be cut by three years. | |
Campbell, now 17, will still serve the longest term of detention to be imposed on a juvenile offender in Scotland. | |
Prior to Campbell's sentence, Luke Mitchell, the teenager who killed school girl Jodi Jones in 2003, received 20 years. | |
Mr McConnachie told Lady Dorrian, Lord Menzies and Lord Drummond Young at the start of the appeal: "It was clearly an appalling and heinous crime. | Mr McConnachie told Lady Dorrian, Lord Menzies and Lord Drummond Young at the start of the appeal: "It was clearly an appalling and heinous crime. |
"The outcome of this appeal will not determine when, or indeed if, the appellant is allowed release." | "The outcome of this appeal will not determine when, or indeed if, the appellant is allowed release." |
However, psychologist Dr Gary Macpherson concluded: "I am of the view that the capacity for change may be limited due to the nature of Aaron Campbell's personality structure and his complex risk factors. | |
"I apologise to the court for appearing pessimistic, however, I am not confident that Aaron Campbell has the capacity or desire to change his behaviour in any meaningful way and as such the risks will remain for the foreseeable future." | |
'Appropriate to reflect his youth' | 'Appropriate to reflect his youth' |
The appeal ruling said: "In determining the appropriate punishment part the trial judge took account of several cases where the appellant had been a young person." | The appeal ruling said: "In determining the appropriate punishment part the trial judge took account of several cases where the appellant had been a young person." |
It went on to say that comparing Campbell's case with past cases gave "limited guidance", and the majority in that case also "highlighted the difficulty of such a comparative exercise". | It went on to say that comparing Campbell's case with past cases gave "limited guidance", and the majority in that case also "highlighted the difficulty of such a comparative exercise". |
After comparing a number of cases where the offender had been a young person or when the crime was of a violent nature, the judges reduced Campbell's sentence from 27 to 24 years. | After comparing a number of cases where the offender had been a young person or when the crime was of a violent nature, the judges reduced Campbell's sentence from 27 to 24 years. |
The ruling said: "A punishment part in excess of 20 years was plainly merited. We have concluded that a punishment part of 24 years would be appropriate to reflect the appellant's youth. | The ruling said: "A punishment part in excess of 20 years was plainly merited. We have concluded that a punishment part of 24 years would be appropriate to reflect the appellant's youth. |
"We will accordingly allow the appeal to the extent of substituting that period for the sentence imposed." | |
After hearing news of the ruling, Alesha's uncle, Calum-John MacPhail, posted on social media that he would speak to Justice Secretary Humza Yousaf about the decision. | |
Confession | |
Alesha, from Airdrie, North Lanarkshire, was only a few days into a family holiday in Rothesay when Campbell took her from her bed in the middle of the night on 2 July last year. | Alesha, from Airdrie, North Lanarkshire, was only a few days into a family holiday in Rothesay when Campbell took her from her bed in the middle of the night on 2 July last year. |
The child's body was found in the grounds of a former hotel the following morning. | The child's body was found in the grounds of a former hotel the following morning. |
A post-mortem examination later revealed she had suffered 117 injuries. | A post-mortem examination later revealed she had suffered 117 injuries. |
During his nine-day trial in February, Campbell lodged a special defence naming the 18-year-old girlfriend of Alesha's father as the killer. | During his nine-day trial in February, Campbell lodged a special defence naming the 18-year-old girlfriend of Alesha's father as the killer. |
He also took the stand and told the jury his DNA must have been planted at the crime scene. | He also took the stand and told the jury his DNA must have been planted at the crime scene. |
However, before being sentenced he confessed to the killing. |