A Lanarkshire thug serving life for murdering his girlfriend’s former partner has succeeded in a bid to have the punishment part of his sentence reduced by one month.
Declan Blythe, 23, of Hamilton, was told by judge Lord Harrower he’d have to serve at least 16 years and three months in prison before he would become eligible for parole following the fatal knife attack on Cameron McMillan.
The first offender stabbed Mr McMillan, 23, in the chest in a street attack in Motherwell, on May 19 2019.
However, last Thursday, his lawyer Donald Findlay QC urged appeal judges to reduce the punishment part of the life sentence.
He told the Court of Criminal Appeal in Edinburgh that the punishment part was excessive and that Blythe could be rehabilitated.
He said that Blythe was ‘dragged’ into attacking Mr McMillan through the actions of his girlfriend Amy Newton who had manipulated him for her “own malicious and malevolent purposes”.
Blythe had his sentence cut by one month because the trial judge had made a mistake when taking into account how much time he had spent on remand before his trial.
Lord Harrower believed Blythe had spent nine months on remand when the accused had actually spent 10 months on remand.
Judge Lady Dorrian reduced the punishment part to 16 years and two months.
She said: “On the issue of the punishment part, it was submitted that generally the punishment part of the sentence imposed was excessive for a 23-year-old first offender with a good work record who took a life with one blow.
“The appeal almost exclusively focuses on the conduct of AN prior to the murder, it being asserted that she engineered the circumstances which led to the incident.
“In any event, whatever her role it would make no difference to the level of the appellant’s culpability, the jury having rejected his evidence of self defence with his involvement in a deliberate attack being quite clear.
“The argument that the punishment part is excessive is not tenable. The circumstances of the case involving they did with the stabbing of an unarmed man.
““In this respect, the only error of the trial judge is to miscalculate the punishment part by one month.
“Therefore, the sentence of 16 years and three months will be substituted for 16 years and two months.”
At proceedings last year, Lord Harrower told Blythe at the High Court in Edinburgh that there were several times when he could have walked away before the fatal attack occurred.
The judge said that his claim that he acted in self defence was rightly rejected by the jury at his earlier trial when he was convicted of the murder.
The fatal attack took place after Mr McMillan turned up at the flat his ex-girlfriend Amy Newton shared with Blythe where a house party was being held.
At that time, Mr Findlay said in there was no doubt that Miss Newton had "a significant part to play in the tragic events that took place".
He said that she was "playing these two young men against each other".
Last Thursday, Mr Findlay told the appeal court that the punishment part imposed on his client was excessive.
He added: “For whatever reason, Miss Newton set about the task quite deliberately in a very calculated way played two young men against each other by lying to them both.
“However, this is a young man who I never thought I’d have to represent in the High Court on a charge of murder.
“He was dragged into this by a young woman for her own malicious and malevolent purposes and he did not see what was going on, he failed to be aware of what was going on and then he of course becomes involved in the incident of violence.
“This is a young man, in my submission, deserving of whatever chance as this court can afford him. He is going to spend quite a time in custody - there cannot be any doubt in that.
“But I say if there was ever going to be someone who can rehabilitate themselves and start again when the period of custody has been served, I hope it is Declan Blythe.
“I have always found him to be courteous and polite. I do commend him as being somebody deserving of whatever chance the court can afford him.”
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