A single judge will decide how long Orkney man Kevin Casey will spend in jail, when his appeal is considered over the next couple of weeks.

Within days of being jailed, Casey (22), of Gaitnip Farm, St Ola, lodged an appeal against a four-and-a-half year sentence handed down at the High Court in Edinburgh at the end of May.

Kevin Casey is led away from Edinburgh High Court to serve his prison sentence. (Pic: Ciaran Donnelly)

He was jailed for a total of five-and-a-half years at the time for serious assaults on two men.

Because the Scottish courts are currently on a vacation period, only one judge will hear the appeal in chambers, instead of two, according to a spokesman from the Scottish Executive on behalf of the Crown Office.

“It goes through various stages,” the spokesman said. “The appeal will be considered in the next couple of weeks by a single judge in chambers. Because it is vacation time, they are short on judges.”

The appeal at Edinburgh’s Appeal Court is only against sentencing on one of the attacks, relating to Mr Michael Firth. Casey admitted assaulting Mr Firth to his severe injury and permanent disfigurement by repeatedly punching him on the head in Bridge Street, Kirkwall, on February 1, this year.

Casey was also sentenced to one year in prison for assaulting Mr Barry Rendall at the Strynd in Kirkwall on Boxing Day.

The appeal court hears appeals against conviction or sentence in trials heard on solemn procedure.

Of those appeals which proceed to a full court hearing, sentencing appeals are dealt with by two judges, and appeals involving conviction by three judges.

In general terms, where the appeal is against sentence – as in Casey’s appeal – the court has the power not only to reduce but to increase the original sentence.

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