A Peterhead man who murdered a dad-of-two after a drug robbery turned violent has been jailed for a minimum of 17 years at the High Court in Aberdeen.
The judge said it had been a “ferocious and sustained” knife attack that killed Andrew Ross outside a flat in the town in February last year.
Luke Allan, 29 and his younger brother Ethan Carlyle, 23, were both charged with murdering Mr Ross but a jury found only Allan guilty of the crime following a seven-day trial.
Carlyle was found guilty of the lesser charge of assault with a knife.
Attempted robbery
Armed with a crowbar, the men were said to have forced their way into the flat only for Allan and Carlyle to retaliate by grabbing kitchen knives and chasing the men out of the property.
The court saw CCTV footage of the subsequent attack on Mr Ross who sustained 18 stab wounds.
Fatal blow
Mr Ross was found lying in a pool of his own blood on Ives Road – one puncture delivered by Allan was said to have been the fatal wound to the heart, causing massive blood loss and ultimately cardiac arrest.
Carlyle’s defence agent Neil Beardmore said his client had “not gone looking for trouble”, but that it had “come to his door” or “his brother’s door”.
“He only got involved through concern for his brother,” Mr Beardmore said. “That is why he acted in the way he did, and not something that is likely to be repeated.”
On sentencing Carlyle today, Judge Graham Buchanan said he had dealt a “single blow” with a knife upon the victim Mr Ross, but it had been established that he was not responsible for his death.
Retaliation
He said Carlyle had acted under a form of retaliation to “what had gone before” referring to Mr Ross and Middleton attending the house to commit a robbery armed with a crowbar.
Judge Buchanan spoke of Mr Ross using the weapon to threaten Carlyle and Allan and of him striking the younger brother with it.
“If they had not gone to the house to commit robbery,” Judge Buchanan said. “The tragic events would never have occurred.
“In any case, assault with a knife is a serious matter. I take into account that you have never been in trouble with the law before and you accept full responsibility for what you did.
“I am satisfied you are not a person ordinarily given to violence of any kind and the circumstances which have led to your appearance at the High Court are exceptional.
“You had no reason that night to think anything of this kind would occur – shock and fear and your immaturity played a part in influencing your behaviour.”
He placed Carlyle, a full-time pipe fitter, under supervision for one year and ordered him to carry out 300 hours of unpaid work as a direct alternative to custody.
Allan’s defence KC Brian McConnachie said his client had tried to get a move away from the Peterhead area before the attack, as it “was not the first time trouble had been at his door”.
Tragic chain of events
“He accepts he is responsible for the death, this was never a trial to establish who did what or what happened,” Mr McConnachie said.
“But a question of provocation. It was the attack of his house by Mr Ross and his associates which started this tragic chain of events.
“That night Mr Allan and his brother were sitting peacefully in his house when they were troubled by robbery and very significant non-legal provocation.”
On sentencing Allan, Judge Buchanan said Allan had struck a “great many blows” and inflicted an attack which was “ferocious and sustained”.
“What the CCTV footage showed was you pursued the deceased along the garden path and subjected him to a savage attack with a knife – after any danger to you had passed.
“I take into account all the early actions of the deceased and his companions; however, you should not have left the house and pursued the deceased.
“What you did next with the knife was a grossly disproportionate response to the violence you faced earlier.
“It was a pitiless and murderous attack carried out – albeit in the heat of the moment – to inflict punishment for what he had done to you and your brother.”
He noted Allan’s lengthy record and previous jail time – “although not for crimes of violence”.
Allan was handed a life sentence, with the punishment term set at a minimum of 17 years in prison, after which he will be able to apply for release.
Andrew Ross’ mum, Cathy, issued a statement after the sentencing.
She said: “Andrew’s murder has devastated the whole family and everyone who knew him, especially his daughters who have lost a loving father.
“He always had a smile for everybody and was soft-hearted. We’ll never come to terms with what happened but are glad justice has been done and those responsible will face the consequences.”
Detective Inspector James Callander, Major Investigation Team North, said: “Throughout the investigation and court process Allan and Carlyle have shown little remorse for their crimes. I hope these convictions give Mr Ross’ family some form of comfort as they continue to grieve their loss.”