By Claire Warrender

THE CROWN has rejected calls for an appeal against the “lenient” sentences handed out to four teenagers after the death of a Fife man in a street attack.

Central Fife MSP Tricia Marwick had urged Lord Advocate Elish Angiolini to look again at the case after the family of victim Jack Wilde branded the sentences given to those who attacked him “an utter disgrace.”

But in a reply, Solicitor General Frank Mulholland said the Crown had carefully considered the sentences and had concluded it would not be appropriate to appeal.

Mr Wilde’s sister Leeanne said she was disappointed but would accept it. However, the ruling may have put paid to a Fife-wide campaign calling for Justice For Jack.

Mr Wilde (24), from Glenrothes, died of a brain haemorrhage after he was repeatedly kicked and hit with a Buckfast bottle in a drink-fuelled attack in August.

Last month, two of the youths, Robbie McKay (17) and Andrew Irvine (19), were each sentenced to six years and nine months’ detention by Lady Dorian at the High Court in Edinburgh after admitting a charge of culpable homicide.

Lawrence Nelson (16), known as Scott Nelson, and Grant Partridge (17) escaped detention and were each put on probation for two years after admitting assault. Nelson was also ordered to carry out 80 hours of community services and Partridge was given 200 hours.

Believing the sentences to be unduly lenient, Leeanne Wilde claimed justice had not been done and began a petition calling for tougher penalties for those involved in drink-related assaults.

She asked Mrs Marwick to contact the Crown Office. In her letter, the MSP said, “Ms Wilde and the rest of her family are distraught about the loss of Jack and believe that justice has not been seen to be done, particularly in the cases of Mr Nelson and Mr Partidge, and they do not understand how an attack that resulted in the death of a young man could result in charges of common assault.

“I recognise that the matter of the charges that were brought cannot now be revisted as all the youths pled guilty, but I do believe the judge gave greater weight to the plea from defence counsel that the youths had expressed remorse than to the consequences of a drink-fuelled assault resulting in the death of a young man.”

In his reply, Mr Mulholland said Crown counsel had given anxious consideration to the case before the pleas were accepted.

“The decision to accept them was taken in light of all the available evidence against each individual accused, as well as the nature of the injuries sustained by Jack, and was amply justified by that evidence,” he said.

“While I note what you write concerning the convictions for assault, the Crown must have regard to what can be proved against each individual accused; hence the differentiation among the four.”

He continued, “It is for the judge to determine the appropriate sentence in the light of all the information placed before him or her about the offence and about the accused.

“In the present case, as well as details of the offence, the judge had before her background reports on all four.”

Mr Mulholland acknowledged the Lord Advocate had a right of appeal against “unduly lenient” sentences but said the Appeal Court had set a high test which had to be satisfied.

“As you will understand, mere leniency does not satisfy this test, which is a high one and will not be met easily.”

In this case the Crown concluded that “the test would not be satisfied and that as a result it would not be appropriate to appeal against the sentences.”

Leeanne Wilde said yesterday that to say she was disappointed by the decision would be an understatement.

“I still don’t understand how they could charge two of these boys with common assault for what they did. How they can justify that is beyond me.” she said.

Ms Wilde still believes the law should be changed and has collected over 2000 signatures on a petition entitled “Justice For Jack” which calls for tougher sentences for crimes committed by those under the influence of alcohol.

However, following the crown office’s ruling she is undecided on whether to progress with the campaign.

“People have been signing them all over Fife but it looks like it’s been a waste of time now. I’ll have to take advice on it.”