Crown may demand more jail time for killer Reid

John Reid was jailed for five years

John Reid was sentenced to five years' detention at the High Court in Glasgow after he pleaded guilty to culpable homicide – an offence which carries a maximum penalty of life imprisonment.

Now the Crown Counsel is giving "careful consideration" to a potential appeal against the jail term handed to the 16-year-old on Wednesday.

The lawyer for Mr San's family, Aamer Anwar, said relatives of the 40-year-old would leave the decision over an appeal to prosecutors. He said "no sentence" could make up for their loss.

The jail term has already been criticised for failing to send out a "strong message" to other young troublemakers.

Mr San was felled by a single punch from Reid after being set upon by a group of youths outside his family's Chinese takeaway in Lochend on August 11. He struck his head on the pavement and died the following day from a fractured skull and internal bleeding.

After sentencing, Mr San's family said they had lodged an official complaint against the police, saying that they frequently phoned to alert officers to youths targeting Mr San and others at the takeaway before his death.

Police have launched an inquiry into the claims they did not respond strongly enough to complaints of gangs of youths running wild in the area.

Local councillor Ewan Aitken said: "There's no doubt the right message needs to be sent out here. It does seem that five years is quite a short sentence for such a serious crime. But whatever the length of sentence, it's important that John Reid receives help to change the way he lives his life so that he doesn't make the same choices again."

Mr Anwar said: "It's a matter for the Crown in terms of what they decide to do with regards to appealing the length of sentence. As far as Simon's family are concerned, no sentence will ever make up for what has happened."

The court heard that on the night he was attacked Mr San's Smart car had been surrounded by Reid and other youths, who started rocking the vehicle.

Witnesses outside the Loch Inn saw the youths force Mr San back towards a wall, then Reid came forward and punched him in the face as Mr San was on the phone to police.

A Crown Office spokesman said: "Crown Counsel will give careful consideration as to whether the sentence was unduly lenient".

Under the Criminal Procedure (Scotland) Act 1995, the Lord Advocate has a right of appeal against sentence on the grounds of undue leniency.

A sentence can be ruled unduly lenient if it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably have considered appropriate.