Glasgow & West Scotland

Man jailed for Cambuslang toddler murder bid has sentence cut

David McMullen Image copyright Spindrift
Image caption David McMullen was convicted of inflicting blunt force trauma on the child in December 2016

A man jailed for attempting to murder a two-year-old boy has had his sentence cut.

David McMullen, 35, was jailed for eight years and seven months earlier this year after he was found guilty of the murder bid.

However the prison term has been reduced to six years by judges at the Court of Criminal Appeal in Edinburgh.

They heard that McMullen raised the alarm shortly after the attack, ensuring prompt medical treatment.

The child has made a full recovery, McMullen's defence solicitor advocate John Keenan told the court.

McMullen had denied attempting to murder the child at a house in Cambuslang, South Lanarkshire, on 21 December 2016.

But he was convicted after a trial at the High Court in Glasgow heard that the former chef attacked the child while his mother was at work.

The court heard that the toddler suffered "blunt force trauma" to his abdomen.

Trial judge Lord Armstrong heard evidence comparing the injuries to those expected in a road traffic accident.

At the Court of Criminal Appeal, Mr Keenan argued that the sentence imposed on McMullen was "excessive".

He told Lord Drummond Young, sitting with Lord Turnbull: "It would appear that the prompt obtaining of medical treatment was in fact significant because of the nature of the injury. Had there been any significant delay the consequences could have been drastic."

"As a consequence of the early treatment of what was a very serious injury the complainer has, in fact, made a full recovery," he said.

Mr Keenan argued that these were "significant factors" which should have been given more weight in the selection of the appropriate sentence for McMullen.

The appeal judges noted that prompt medical treatment was critical in the child's survival without long-lasting effects.

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