Appeal By Joseph Francis Mchale And Kevin Charles Schruyers Against Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lord Justice General,Lord Drummond Young |
| Neutral Citation | [2017] HCJAC 35 |
| Court | High Court of Justiciary |
| Docket Number | HCA/2017/440/XC and HCA/2017/442/XC |
| Date | 31 May 2017 |
| Published date | 22 August 2017 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2017] HCJAC 35
HCA/2017/440/XC and HCA/2017/442/XC
Lord Justice General
Lord Drummond Young
Lord Malcolm
OPINION OF THE COURT
delivered by LORD CARLOWAY, the LORD JUSTICE GENERAL
in
APPEALS
by
JOSEPH FRANCIS McHALE and KEVIN CHARLES SCHRUYERS
Appellants
against
HER MAJESTY’S ADVOCATE
Respondent
Appellant (McHale): Kerrigan QC, Findlater; Beaumont & Co
Appellant (Schruyers): Allan QC, Armstrong; Faculty Services
Respondent: Stewart QC AD; the Crown Agent
31 May 2017
General
[1] On 25 April 2016, at the High Court, Glasgow, the appellants, along with Robin
Vaughan, went to trial on a series of charges generally involving successful and
unsuccessful attempts to force open Automated Teller Machines in the Aberdeenshire area
2
between August and November 2013. There was also a charge (22) of theft of golf
equipment, including Galvin Green golf clothing, from the Paul Lawrie Golf Centre on
South Deeside Road on 26 October 2013. Another co-accused, Peter O’Brien, failed to
appear.
[2] During the course of the trial, Mr Vaughan pled guilty to charges 2, 9 and 10 (infra).
On 19 May, the appellants were convicted of these charges and charges 15, 22, 24, 25 and 27.
The charges involved ATM machines on the following dates at the specified locations:
Charge
Date (all 2013)
Location
2
26 August
Co-op, Mintlaw
9
18 September
RBS, New Deer
10
19 September
Co-op, Bieldside
15
25 October
Clydesdale Bank, Ellon
24
28 October
Clydesdale Bank, Stonehaven
25
28 October
Bank of Scotland, Inverurie
27
10 November
Lloyds TSB, Oldmeldrum Road
(Bucksburn)
[3] On 5 August 2016, Mr McHale was sentenced to 12½ years imprisonment (reduced
from 13 years to take into account an interrupted period in custody); Mr Schruyers was
sentenced to 13 years; and Mr Vaughan to 11 years.
Evidence
[4] The crimes involving the ATMs were described by the trial judge as a “highly
distinct – if not unique – course of conduct”. Eye witnesses spoke to seeing up to four dark
clothed persons acting in concert. They involved targeting small Aberdeenshire towns in
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