A knife thug who stabbed his greatest buddy to loss of life after a PlayStation session collectively misplaced an enchantment in opposition to his eight-year sentence.
Dale Gardiner was jailed in August after being convicted of a cost of culpable murder beneath provocation.
The 25-year-old attacked pal William Wardrop following a row shortly after they’d been enjoying laptop video games at his residence in Larkhall, Lanarkshire.
Gardiner had claimed he was appearing in self-defence in the course of the incident within the early hours of Might 22, 2020.
Legal professionals for Gardiner lodged an enchantment in opposition to the eight-year jail time period imposed by decide Girl Rae on the Excessive Court docket in Glasgow.
The case was heard on Tuesday on the Court docket of Prison Attraction in Edinburgh in entrance of Girl Smart and Lord Matthews who refused the enchantment.
Gardiner had initially been accused of homicide earlier than being convicted of the lesser cost.
The trial heard how William, 23, and his killer have been enjoying on the video games console, with a witness describing the ambiance as being “pleasant sufficient”.
However the pair received right into a row which, regardless of calming at one stage, noticed William fatally stabbed.
The sufferer initially managed to stagger away earlier than collapsing. Paramedics spent 40 minutes attempting to avoid wasting him however William didn’t survive his accidents.
After the assault, Gardiner was described as “hysterical” and crying about his “greatest buddy”.
He mentioned at one stage: “He ran at me and I stabbed him” including “Is he alright, my pal Willie?”.
In his speech to jurors, prosecutor Stewart Ronnie mentioned: “Additionally it is clear Dale Gardiner was telling anybody who requested what had occurred.”
Mr Ronnie acknowledged the killer had “focused William’s chest with a deadly weapon”.
The advocate depute: “I counsel his actions couldn't be thought of proportionate.”
Donald Findlay KC, defending, mentioned Gardiner “quite misplaced the place that evening”, however what occurred was not premeditated.
Mr Findlay informed the court docket: “I can say that his contrition is completely real. He was distraught that he had taken a life.”
Sentencing Gardiner, Girl Rae mentioned he had not began a combat, however had delivered a single blow inflicting the loss of life.
The decide added: “There are a variety of mitigatory elements on this uncommon case.
“You will have a minor earlier conviction, which I'll ignore. Nevertheless, what I can't ignore is that a younger man misplaced his life by your actions. His household have been devastated by that loss.”