A career criminal who masterminded a series of explosive raids on bank cash machines had his jail sentence cut today following a mistake by the sentencing judge.
Robin Vaughan was originally imprisoned for 11 years but had his sentence reduced by 12 months on appeal.
Vaughan was part of a Liverpudlian crime gang who travelled to Aberdeenshire to blow up or break into ATMs, netting £130,000 in a night time crime spree involved dangerous explosions – a method previously unheard of in Scotland.
Vaughan (43) admitted trying to break into an ATM at a Co-op store in Mintlaw before causing an explosion and stealing cash from a Royal Bank of Scotland cash machine in New Deer on two occasions.
Lady Scott told Vaughan when she jailed him earlier this year at the High Court in Edinburgh: “It is clear from the evidence that you played a lead role and directed your co-accused over a period of time.”
Vaughan’s co-accused, Joseph McHale (37) and Kevin Schruyers (42) who were both convicted of more offences, were jailed for 12 and a half years and 13 years respectively.
Lady Scott said: “The course of criminal conduct was clearly well organised, with the raids designed to be repeatedly and rapidly made and your means of attacking by gaining entry to the ATM through causing an explosion was obviously dangerous.”
“The explosions were caused by the use of an improvised hot wire ignitor along with a highly flammable mixture of gases. As a result of the explosions there was evidence of extensive damage to the premises and the ATMs,” she said.
The judge said she was not surprised to find that all were career criminals with lengthy records “which suggest you are well known to each other and you have traveled to different parts of the UK to commit serious crimes”.
Vaughan appealed against the sentence imposed on him. His counsel Fred Mackintosh told the Court of Criminal Appeal in Edinburgh: “I cannot disagree that these offences were a highly organised course of criminal conduct.”
But he argued that although Vaughan had a bad record the 11 years imposed on him should be reduced.
Lord Bracadale, who heard the case with Lady Cosgrove, said that one of the grounds of appeal was an error made by the sentencing judge by stating that one consideration was that Vaughan was on licence from prison at the time of the offences.
The senior appeal judge said that was not correct and she had clearly misdirected herself in this respect and that an appropriate reduction in the sentence should be made.
The appeal judges rejected other grounds of challenge put forward on behalf of Vaughan.
Lord Bracadale said: “The trial judge was entitled to take the view that the appellant had the lead role in the course of conduct to which he pled guilty. This included the two most serious charges.”