A judge imposed an “unduly lenient” sentence on a career criminal who pointed what appeared to be a gun at a terrified police officer, a court has heard.
Lord Advocate Dorothy Bain KC told appeal judges on Wednesday this week how David Docherty,35, shouldn’t have received a 40 month term for his crime.
He was given the sentence following proceedings at the High Court in Glasgow earlier this year.
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Judge Alasdair Macfadyen heard how Docherty pointed a weapon at PC Tom Marshall on April 24 2021 in Glasgow’s Finnieston area.
The court heard how Docherty was sitting in the passenger seat of Citroen car when he committed the offence. The motor later sped away from the scene.
Judge Macfadyen also heard how just a few months earlier Docherty blasted the living room window of a house in the city's Cardonald area with a shotgun.
Docherty was found guilty of having a firearm or imitation gun with intent to cause PC Marshall to believe violence would be used against him.
Docherty was guilty of culpably and recklessly discharging the 12-bore shotgun as well as possessing the weapon in connection with the Cardonald incident.
He was finally convicted of attempting to pervert the course of justice.
Docherty was already serving a four-year sentence imposed last October for torching the cars of prison officers at HMP Kilmarnock at the time of his last high court appearance. It was also revealed at the end of proceedings that he had 22 previous convictions.
On Wednesday, Ms Bain, the leader of Scotland’s prosecution service, told the court that judge Macfadyen hadn’t properly considered Docherty’s previous convictions. She also said that judge Macfadyen hadn’t also properly considered the nature of the crimes to which he had been found guilty of during that trial.
She added: “It has resulted in the imposition of an unduly lenient sentence.
“A more severe sentence is necessary for the protection of the public given the nature of the sentence to which the accused was convicted of.”
At the end of his trial, judge Macfadyen told Docherty: "This case represented appalling behaviour in and around Glasgow.
"This involved an actual shotgun, an apparent weapon of some sort and an attempt to destroy evidence to interfere with the course of inquiries into serious crime."
The sentence will begin at the end of the four-year jail term.
The trial heard how police had pulled in the Citroen in Glasgow's Lancefield Quay due to a potential insurance issue.
In his speech to jurors, prosecutor Alex Prentice KC said PC Marshall got out and went to the vehicle.
Mr Prentice described how the passenger in the car "leaned over" and pointed the weapon at the constable, who immediately "dropped to his knees".
The Citreon then raced off at "excessive speeds" even in the face of oncoming traffic.
Jurors heard how PC Marshall was left in an "upset state" by what happened.
The vehicle - which was found to have false number plates - was later discovered to have been torched in Milngavie, East Dunbartonshire.
Mr Prentice put to jurors: "Why would anyone set fire to a car? To remove any possible link to criminality."
Docherty was linked to the car due to fingerprints and having been earlier captured on petrol station CCTV filling up such a vehicle.
The shooting at the house in Cardonald occurred on July 28, 2020.
Luckily, no one was in the house at the time.
Jurors were told a red Ford Fiesta had been involved.
Docherty was found days later at a house in Darnley, East Renfrewshire.
There was a Ford Fiesta outside and he had a key which unlocked it.
The gunman in the attack was also said to have had a supermarket carrier bag - such an item was also found in this motor.
After the verdict, Mr Prentice revealed Docherty had 22 previous convictions for violence, drugs, robbery and reckless conduct.
On Wednesday, shaven headed Doherty observed proceedings via video link from prison.
He was wearing a Scottish Prison Service T-shirt.
Judge Lady Dorrian - Scotland’s second most senior judge - said she and her colleagues - Lady Wise and Lord Armstrong - would issue their decision in writing sometime in the near future.
She added: “We thank parties for their submissions.”
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