Killer jailed for attacking ex-partner while on prison home leave

Robbie Smullen sentenced to six and a half years for unprovoked assaults in Perthshire

By LineZotpaper
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A convicted killer who assaulted his former partner and wounded a second victim with broken glass hours after being granted temporary prison leave has been sentenced to six and a half years in jail. Robbie Smullen, 28, attacked the two victims in Milnathort, Perthshire, in March last year while on home leave from Castle Huntly prison near Dundee.

Robbie Smullen, 28, was sentenced at the High Court in Edinburgh after being convicted by a jury at Dundee Sheriff Court of assaulting two people. He was serving a nine-year and three-month sentence for culpable homicide, having killed 22-year-old Barry Dixon in a fatal knife attack in Perth.

Smullen punched the woman on the head and body and spat on her shortly after arriving at her address. He repeatedly punched the man and struck him with a broken glass. The judge, Lord Ewing, described the attacks as unprovoked and directed at two vulnerable individuals. He said the man now no longer feels safe going out alone and lives with ongoing anxiety, while the attack on the woman must have been both very frightening and degrading.

Smullen was also convicted of attempting to pervert the course of justice by phoning his ex-partner and asking her to withdraw a statement. The judge noted that Smullen continued to deny the assault charges and appeared to have limited insight into the offending and its impact on the victims.

Lord Ewing ordered that Smullen be under supervision in the community for a further three and a half years after his prison term, during which he will be on licence and can be returned to jail if he breaches conditions. The new sentence will run after his current term for the fatal knife attack, with his earliest release date in December 2028. The judge also made indefinite non-harassment orders banning Smullen from contacting the victims.

Defence counsel Jonathan Campbell said the offences were committed while Smullen was subject to temporary release and noted that he had previously been granted home leave that passed without incident. He said Smullen recognised he disregarded a number of conditions, including not to consume alcohol. Smullen has since been transferred to HMP Shotts and followed the proceedings via video link.

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Analysis

Why this matters

  • The case raises questions about the risk assessment process for granting temporary prison leave to violent offenders.
  • It highlights the potential danger to domestic violence victims when an offender is released into the community, even briefly.
  • The sentencing outcome could influence scrutiny of how Scottish prisons manage home leave for inmates with violent histories.

Background

Temporary release from prison, also known as home leave, is a mechanism used in the Scottish justice system to help prepare inmates for eventual reintegration into the community. It is granted under strict conditions, which can include bans on alcohol and contact with victims. Smullen had previously been granted such leave without incident, according to his defence, but this time he violated multiple conditions.

Key perspectives

  • The Crown and the court: Lord Ewing emphasised the seriousness of the unprovoked attacks on vulnerable individuals and the lasting impact, including ongoing anxiety for one victim.
  • The defence: Jonathan Campbell stressed that Smullen had previously been granted home leave without problems and acknowledged that he breached conditions, such as not consuming alcohol.
  • Victims and public safety advocates: The case illustrates the risks inherent in temporary release programmes and the need for rigorous oversight to protect victims and the public.

What to watch

  • Any review or policy change by the Scottish Prison Service regarding temporary leave criteria for violent offenders.
  • The length of Smullen's prison term and his earliest release date in December 2028, subject to supervision conditions.
  • Potential public or political reaction to this case that could prompt legislative or procedural adjustments.

Sources

Checked

12 claims in this story checked against 1 source: 12 supported.

Show each claim
  1. SupportedSmullen was jailed for attacking his ex-partner while on prison home leave.STV News: “A convicted killer who attacked his ex-partner hours after being given temporary leave from prison has been jailed for six and a half years.”
  2. SupportedSmullen was sentenced to six and a half years.STV News: “A convicted killer who attacked his ex-partner hours after being given temporary leave from prison has been jailed for six and a half years.”
  3. SupportedThe attacks were described as unprovoked.STV News: “These were unprovoked attacks on two vulnerable individuals.”
  4. SupportedThe assaults took place in Milnathort, Perthshire, in March last year while Smullen was on home leave from Castle Huntly.STV News: “Smullen punched the woman on the head and body and spat on her shortly after arriving at her address in Milnathort, in Perthshire, and repeatedly punched the man and struck him with the makeshift weapon.”
  5. SupportedSmullen wounded a second victim with broken glass hours after being given temporary prison leave.STV News: “A convicted killer who attacked his ex-partner hours after being given temporary leave from prison has been jailed for six and a half years. Robbie Smullen, 28, assaulted his former partner and wounded a second victim with a broken glass during a violent rampage.”
  6. SupportedSmullen was serving a nine-year-and-three-month sentence for culpable homicide after killing Barry Dixon, 22, in a fatal knife attack in Perth.STV News: “Smullen was serving a sentence of nine years and three months imprisonment for killing 22-year-old Barry Dixon in a fatal knife attack in Perth”
  7. SupportedA jury at Dundee Sheriff Court convicted Smullen of assaulting two people.STV News: “Smullen had denied the attacks on the man and woman, but was convicted of the crimes by a jury at Dundee Sheriff Court”
  8. SupportedSmullen punched the woman on the head and body and spat on her.STV News: “Smullen punched the woman on the head and body and spat on her shortly after arriving at her address in Milnathort, in Perthshire”
  9. SupportedSmullen was convicted of attempting to pervert the course of justice by asking his ex-partner to withdraw a statement.STV News: “Smullen was also convicted of attempting to pervert the course of justice by phoning his ex-partner and asking her to withdraw a statement.”
  10. SupportedLord Ewing ordered a further three and a half years of community supervision after Smullen's prison term.STV News: “Lord Ewing ordered that Smullen, who has a record for violent offending, should be under supervision in the community for a further three and a half years, following his prison term”
  11. SupportedSmullen's new jail term will follow his current sentence, and his earliest release date is December 2028.STV News: “Smullen was told that his latest jail term will be served after the sentence he is currently serving for the fatal knife attack on Mr Dixon. His earliest release date is in December 2028.”
  12. SupportedThe judge made indefinite non-harassment orders banning Smullen from contacting the victims.STV News: “The judge made non harassment orders banning Smullen from contacting or attempting to contact victims for an indefinite period.”

Correction

An earlier version of this story said Smullen admitted attempting to pervert the course of justice. He was convicted of that offence; the source did not report an admission.

Zotpaper

Written by Harper Lane on the World desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

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