Lawyers for Aaron Campbell, the teenager convicted of the brutal rape and murder of six-year-old schoolgirl Alesha MacPhail, have argued that his sentencing last March to a minimum term of 27 years was “excessive and amounted to a miscarriage of justice”.
Defence QC Brian McConnachie, who represented Campbell during his trial in February, told three appeal court judges in Edinburgh on Wednesday morning that the killing of the schoolgirl on the Isle of Bute last July was “an appalling and heinous crime”.
He insisted that the outcome of the appeal would not determine “when or indeed if the appellant is ever released”. That would be a matter for the parole board, said McConnachie, and the appellant accepted that day might never come.
Campbell – who was 16 at the time of the murder – watched the proceedings via video link from Polmont young offender institution. He could be seen by the court, wearing a black polo shirt and listening attentively as McConnachie put his arguments forward.
McConnachie argued that the trial judge, Lord Matthews, had attached too great importance to two sentencing reports which were unduly pessimistic regarding Campbell’s capacity for rehabilitation, and thus imposed an excessive punishment of 27 years to his life sentence.
Lady Dorrian, Scotland’s second most senior judge, told McConnachie that the case law indicated that in sentencing children, factors that may not apply to adults should be taken into account, such as their immaturity and whether personality traits in juveniles were more transitory and capable of rehabilitation.
But she went on to point out that the sentencing reports on Campbell’s case suggested he had an “extremely limited capacity” for change.
McConnachie argued: “The reports are incredibly negative and pessimistic but they are a snapshot in time of the person we have today.
“But to wait until he is 43 years of age is an extraordinarily lengthy period of time which does not allow for the process of maturation, development of responsibility or healthy adult personality.”
Adjourning the court, Dorrian said that the matter “requires proper consideration and time”.
In a statement released in advance of the hearing, Alesha’s mother, Georgina Lochrane, said: “We do not have any insight as to what the outcome will be on Wednesday and what will take place other than our prayers and hopes that our justice system does not fail Alesha.”
