Teenage killer's appeal against sentence is rejected

A TEENAGE killer's bid to have his jail sentence cut for a fatal attack on a delivery driver was rejected by appeal judges today to the relief of the victim's family.

John Reid, 16, was ordered to be detained for five years after admitting the culpable homicide of Simon San but claimed the sentence imposed on him was excessive.

Reid punched his victim who struck his head on the pavement after youths rocked his tiny Smart car in Edinburgh's Lochend Road on August 11 this year in what the sentencing judge, Lord Matthews, dubbed "unacceptable feral activity".

Lord Clarke, sitting with Lord Woolman, at the Court of Criminal Appeal in Edinburgh refused Reid's appeal and said: "This was a serious matter which clearly justified a substantial custodial sentence."

The victim's brother and sister, Duc and Shirley, attended the hearing and said through a spokesperson that the family was "relieved" the court had upheld the decision.

"We are particularly grateful the court reiterated the devastation that the accused his inflicted on our family. The family will continue to grieve for the innocent, beloved brother and son who was taken away from us," they said.

Mr San, 40, who was the main carer for his parents, was delivering meals for a sister who ran the Yong Hua Gardens takeaway restaurant.

When he returned to the area about 10pm his Smart car was surrounded by Reid and others and they started rocking it with the driver inside.

The victim got out of the vehicle to phone in a report of the trouble, but was forced back towards a wall when Reid came forward and punched him in the face with a single blow.

Mr San, who was of Chinese origin, fell to the ground with the back of his head striking the pavement. A witness described the noise as "a sickening thud". The victim died after suffering a fractured skull and internal bleeding.

Lord Matthews told Reid, of Ferry Road Drive, Edinburgh, that he would have faced a sentence of seven and a half years for the killing, but for his early plea when he appeared at the High Court in the city.

But defence solicitor advocate Iain Paterson told the appeal judges that the starting point taken in sentencing Reid was "excessive".

He pointed out the youth of Reid and said he had "a relatively unhappy and troubled upbringing".

He said one punch was involved in the attack. "The blow did not cause any facial fractures," he said.

Mr Paterson said the consequences were "catastrophic" and led to the death of an innocent victim. Reid had expressed regret for his actions and the impact on the victim's family and quickly accepted responsibility.

But Lord Clarke said the sentencing judge had taken into account the nature of the blow and that there was evidence to the effect that death would have been unforeseen by the assailant.

He said: "Nevertheless as the sentencing judge pointed out this was not just a glancing blow in the context of a standup fight but the culmination of serious aggression to the innocent victim."