Delivery driver who stabbed traffic warden over ticket has jail term tripled

A delivery driver who stabbed a traffic warden after a confrontation over a ticket has had his prison sentence more than tripled following a successful appeal by prosecutors.

Eamonn Gallagher, 39, was jailed for 16 months earlier this year after wounding the warden in a life-endangering attack at Gorgie Road, in Edinburgh.

However, the Crown challenged the sentence imposed by Sheriff Wendy Sheehan on Gallagher, contending that the disposal was “unduly lenient”.

Scotland’s senior judge, the Lord Justice General, Lord Pentland, said the sentence imposed by the sheriff would be quashed and a prison term of four and a half years would be substituted.

Lord Pentland, who heard the appeal with Lord Doherty and Lord Clark, said: “We consider, having taken account of all the information placed before us, that the appropriate headline sentence in this case is one of six years’ imprisonment.”

He said a 25% discount would be applied to that to take account of a guilty plea made by Gallagher.

Lord Pentland said at the High Court of Appeal in Edinburgh that the judges would give a full judgement later, setting out their reasons and conclusions.

Gallagher, formerly of Blackburn, admitted assaulting the man on April 15 last year to his severe injury and to the danger of his life by striking him on the body with a knife, when he earlier appeared at Edinburgh Sheriff Court.

Advocate depute John Keenan KC told the appeal judges that the offence committed by Gallagher was one of “significant seriousness”.

He argued that the level of culpability was high and that the circumstances “demonstrated a clear intention by the respondent (Gallagher) to cause significant harm to the complainer.”

He said after the initial confrontation, Gallagher drove off but then returned armed with the weapon and stabbed the victim.

He pointed out that a penetrating knife wound was inflicted on the victim, who underwent emergency surgery and later had to return to the hospital, after becoming unwell at a family gathering, when he was found to have developed an infection.

Mr Keenan said the victim was unable to continue in his work and took on an office-based role, which significantly reduced his income.

The advocate depute said: “There was clear evidence of significant physical injury, psychological harm and also financial consequences.”

“There were significant aggravating factors, not least that at the time of this offence the complainer was acting in the course of his employment as a public servant enforcing parking regulations when he was subjected to what was effectively an unprovoked and very serious attack.”

“In my submission, that is a factor which significantly increases the seriousness of this particular offence,” said Mr Keenan.

It was argued that Gallagher experienced significant personal mitigation. He has no record of similar offending and was working as a self-employed delivery driver for Amazon. He used the knife in the course of his work.