Court of Appeal reviewing sentence of Inverness man who coughed in police officers' faces during coronavirus crisis

The Crown has asked for a longer sentence to be imposed on a man jailed for coughing in police officers' faces.

The Court of Criminal Appeal in Edinburgh heard at a virtual hearing today that Iain Lindsay (48), of Inverness, was jailed for four months in May after pleading guilty to endangering the lives of two police officers by coughing in their faces.

Lindsay was jailed after pleading guilty at Inverness Sheriff Court.

Sheriff Sara Matheson imposed the sentence after hearing how he had been taken to a police station in Inverness on April 15 in connection with another incident.

The court heard how, as he was being asked routine questions, he turned towards one officer and coughed once in his face.

He then did the same to another officer.

Although Lindsay was not displaying any symptoms of Covid-19 the incident caused the officers and their families “significant alarm and distress” the court was told.

Today Alex Prentice QC, for the Crown Office, told judges Lady Dorrian, Lord Glennie and Lord Turnbull that Lindsay had 30 previous convictions for offences like assaulting police officers.

He said that, given Lindsay’s record, Sheriff Matheson should have imposed a longer prison sentence.

“I invite the court to conclude that the sentence was unduly lenient,” he said.

Lindsay – who observed the proceedings from prison via video conferencing technology – was represented by Gordon Jackson QC who asked the court to dismiss the Crown request.

“There’s no suggestion that he had Covid or that he could have passed it on," he said.

“It wasn’t a thought out act. It was a spur of the moment thing.

“It was not something that he should have done.”

Lady Dorrian told the lawyers that the court would issue their decision in the matter sometime in the near future.

Also at today's hearing Mr Prentice asked judges to rule on the wider issue of whether people who plead guilty during the Covid-19 crisis should be given “enhanced” sentence discounts.

Mr Prentice said that he and fellow Crown Office colleagues have had meetings in recent weeks with senior defence lawyers at a time when there are no High Court trials for serious crimes taking place in Scotland.

This is a mid fears that it would be difficult to implement social distancing measures in Scottish courts and to ensure that the coronavirus does not spread.

A panel of experts headed by Lady Dorrian, Scotland’s second most senior judge, is currently examining ways to resume trials.

Mr Prentice said that some defence lawyers believe their clients should be given larger discounts for pleading guilty at this time.

Currently, offenders who plead guilty can receive up to a third off their sentences.

He said it was the Crown's opinion that enhanced discounts should not be given, but wants the court to give its own opinion.

The court is now considering the matter.

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