Published: Friday, 27th November, 2009 11:26am

Killers get longer sentences after 'medieval' execution

by Ally McRoberts

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TWO killers who attacked and then set fire to a Dunfermline father-of-two in what was likened to a "medieval" execution by law lords have had their sentences extended.

Five judges at the Court of Appeal in Edinburgh yesterday (Thursday) decided that the murder sentences handed down to Brian Boyle and Greig Maddock were unduly lenient.

They had been given sentences of 15 years and 12 years respectively for the horrific murder in October 2006 of Brian Bowie (35) but this was increased to 20 and 18 years.

In their ruling, the judges said, "The circumstances are redolent of the medieval horrors of execution by burning.

"It is difficult to envisage more cruel or sadistic treatment of another human being."

The victim had been drinking with Boyle in the 20-year-old's flat but after arguing Boyle attacked him with a bottle, kicked and stamped on his head and stabbed him in the leg.

Unconscious, he was dragged outside a property in Inchkeith Drive where Maddock arrived on the scene.

Boyle and Maddock then stuffed paper into his pockets, doused Mr Bowie in lighter fuel and placed him on a pyre of paper and magazines before setting him on fire.

He died five days later in St John's Hospital.

The pair were convicted of murder in June 2007 and given mandatory life sentences, with the punishment part - the term they must serve before becoming eligible for parole - fixed at 15 and 12 years.

Lord Advocate Elish Angiolini appealed against the length of sentences handed down - and also in a second case against another murderer - and law lords agreed the terms were too short.

The five judges, led by Lord Justice-General Lord Hamilton, stated, "We consider that the trial judge failed to give proper weight to the seriousness of that aggravating conduct and that the punishment parts specified by him were so lenient that this court is entitled, having regard to HM Advocate v Bell, to interfere with them.

"We shall quash the punishment parts specified and substitute in their place 20 years in the case of the first respondent and 18 years in the case of the second respondent."

The law lords also made a landmark ruling that paves the way for the worst killers to be given sentences which would see them spend the rest of their lives in jail.

It effectively means that life sentences would be just that, with murderers receiving the punishment part of their sentences which would be longer than their life expectancy.

It had previously been assumed that 30 years was the maximum sentence but the ruling stated, "In our view there may well be cases (for example, mass murders by terrorist action) for which a punishment part of more than thirty years may, subject to any mitigatory considerations, be appropriate."

And they added, "The Scottish legislation requires the sentencer to specify a punishment part in years and months - though, as we have said, it would be open to him or her to specify a period which was in excess, even well in excess, of the offender's anticipated lifespan."

New rules handed down by the judges also stipulated that the current 12-year minimum sentence imposed in murder cases was too lenient and that knife murderers should face a minimum of 16 years in jail, with those carrying out murder with firearms facing sentences of at least 20 years.