COPFSA judge has commissioned a report into whether a man who shot a taxi driver in an attempted robbery meets the legal criteria needed to impose a life sentence.
Lord Harrower has asked a specialist risk assessor to establish whether Gregor Thomson passes the tests needed to impose an order for lifelong restriction.
The 38-year-old was captured on dash cam footage holding up the cab driver following a nighttime pick up in Falkirk, Stirlingshire, on May 5.
The victim eventually pinned the attacker to the ground despite being hurt.
Thomson is in jail having pled guilty to assault and robbery charge at the High Court in Glasgow. The court heard he has 24 previous convictions, including a seven-year jail term for attempted murder in 2014.
The case called again on Tuesday at the High Court in Edinburgh. Judge Lord Harrower dealt with a motion made by prosecutors to obtain a report to see whether Thomson meets the test needed for an OLR.
Those who receive it are only released back into the community once the parole board consider them to no longer pose a risk to public safety.
Defence advocate Allan MacLeod said that it would be more appropriate to impose an extended jail sentence on his client. The court also heard that Thomson had been diagnosed with borderline personality disorder, which can cause severe problems regulating emotions.
However, Lord Harrower decided the criteria to impose an OLR may be met in Thomson’s case.
The tests include whether Thomson would pose a risk to the physical and psychological health to members of the public if he is in the community.
He added: “The risk criteria as set out in the legislation maybe made out in this case.”
‘I am going to shoot you’
The taxi driver collected Thomson and a friend from outside a Chinese restaurant around 10.30pm that night.
The pair sat in the back, asked to go to a local pharmacy while demanding “make it quick”.
The driver asked for £10 payment upfront but Thomson’s bank card was declined twice.
The dash-cam footage then captured Thomson rummaging in a bag-for-life he also had with him.
Prosecutor David Fisken explained: “He then pulled out what the driver believed to be a handgun.
“He noted it to be dark grey and looked real. Thomson stated: ‘I am going to shoot you’.”
The driver then grabbed his phone and car key, jumped out of the taxi and unsuccessfully tried to lock Thomson inside.
The robber got into the front, but failed in trying to start the vehicle to make a getaway.
As the victim called the police, Thomson confronted him and again claimed he was going to shoot him.
The victim initially backed off before Thomson discharged the gun, hitting him with “projectiles” on the cheek and then the head.
There was soon a struggle between the men, and Thomson yelled “yes” as he snatched the car key.
He got to the taxi, but the driver grabbed him before being hit on the head with the firearm.
Mr Fisken said: “[The victim] then managed to pin Thomson to the ground with his arm around his neck.
“Thomson responded by biting the man’s left arm and continued to clamp his teeth before [the victim] punched him on the face.”
Other witnesses saw what was happening and helped the driver hold Thomson until police arrived.
The weapon was found to be a BB gun capable of firing pellets. It was described as an “imitation firearm” but looked real.
The court heard the driver suffered a fractured finger, eye injuries, a bite mark and bruising.
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