Kevin Braid
 
Nicola Johnston

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The Appeal - 9th June 2005  

As a result of Alexander's "lenient" sentence for carrying out the two murders, Lord Advocate Colin Boyd appealed against the punishment part of the sentence (17 years).


A statement from the Crown Office said: "The Lord Advocate has lodged an appeal against the 17-year punishment part of the life sentence imposed on Shaun Alexander for the murder of Nicola Johnston or Alexander and of Kevin Braid."

The appeal was heard on the 9th of June by Scotland's top judge Lord Cullen sitting with Lords Abernethy and MacLean.


Advocate depute John Beckett argued that Lady Smith had been "over-generous" in awarding Alexander a 7 year ‘discount’ for his guilty plea.


He agreed that the double murder merited a minimum jail term of 24 years, but said the seven-year discount was "unduly lenient".


He said Alexander only offered to plead guilty a week before he was due to stand trial and pointed out that there was overwhelming evidence against him.

"In my submission, giving due regard to the seriousness of any crime of murder an over-generous allowance for a guilty plea could lead to a sentence which is inadequate to deal with the need for deterrence and retribution," he said.


Gordon Jackson QC, defending, agreed it was "a very brutal murder".


The three appeal court judges ruled the sentence of 17 years was too lenient and increased it to 20.

   
 
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