A north-east teenager serving time for participating in a brutal attempted murder bid is a victim of a miscarriage of justice, a court has heard.
Brandon Douglas,18, is serving 10 years and three months for taking part on an assault on Allan Roy at his home in Fraserburgh, Aberdeenshire, in November 2018.
However, the Court of Criminal Appeal heard today how judge Lord Mulholland made an error during proceedings at the High Court in Aberdeen last year.
Advocate Iain Smith told judges Lord Brodie, Lord Malcolm and Lord Turnbull that his client’s legal team made a no case to answer submission during submissions.
They told Lord Mulholland that there wasn’t enough evidence to convict Douglas for taking part in the attack.
Lord Mulholland disagreed and allowed the case against Wilson to proceed.
Mr Smith told the appeal court that Lord Mulholland acted incorrectly.
He added: “His Lordship should have upheld the no case to answer submission.”
Mr Smith addressed the judges during a virtual hearing of the court.
During proceedings last year, a jury heard how Douglas teamed up with Martin Gemmell, 28, and Brandon Wilson to break into Mr Roy’s home.
They were told the trio launched an assault on Mr Roy which left him “severely injured and permanently disfigured” before stealing a games console and two mobile phones.
Mr Roy now walks with crutches and needs a hip replacement.
He told officers he was chased through his house by masked attackers, who broke down the bathroom door with an axe when he tried to hide.
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Wilson and Gemmell also broke into Scott Thomson’s home in Boddam on the same day and attacked him with knives.
Prosecutor Alan Cameron told the court how the trio “did not care if Mr Roy lived or died”.
In his closing speech to jurors, Mr Cameron said: “They could have easily killed him and were wickedly reckless.”
Wilson was jailed for seven years while Gemmell was given a 10-year sentence.
Douglas – who has previous convictions for assault to injury using a stun gun and metal bar – was locked up for 10 years and three months.
Prosecution lawyer Richard Goddard QC told the judges that Douglas hadn’t fallen victim to a miscarriage of justice.
He added: “There was sufficient evidence available to entitle the jury to convict the appellant and to conclude that he was one of the three men who broke into the house and participated in the attack.”
Lord Brodie told parties in the case that he and his colleagues would issue their judgement in the near future.
Lord Brodie added: “We hope to give our opinion in writing within a period of two weeks.”
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