A Lanarkshire thug who stabbed and killed his best friend after they played a Playstation together has lost an appeal against his eight year sentence.
Dale Gardiner was jailed in August after being convicted of a charge of culpable homicide under provocation.
The 25-year-old attacked pal William Wardrop following a row shortly after they’d been playing computer games at his home in Larkhall, Lanarkshire, reports the Daily Record.
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Gardiner had claimed he was acting in self-defence during the incident in the early hours of May 22, 2020.
Lawyers for Gardiner lodged an appeal against the eight-year prison term imposed by judge Lady Rae at the High Court in Glasgow.
The case was heard on Tuesday at the Court of Criminal Appeal in Edinburgh in front of Lady Wise and Lord Matthews who refused the appeal.
Gardiner had originally been accused of murder before being convicted of the lesser charge.
The trial heard how William, 23, and his killer were playing on the games console, with a witness describing the atmosphere as being “friendly enough”.
But the pair got into a row which, despite calming at one stage, saw William fatally stabbed.
The victim initially managed to stagger away before collapsing. Paramedics spent 40 minutes trying to save him but William didn’t survive his injuries.
After the attack, Gardiner was described as “hysterical” and crying about his “best friend”.
He said at one stage: “He ran at me and I stabbed him” adding “Is he alright, my pal Willie?”.
In his speech to jurors, prosecutor Stewart Ronnie said: “It is also clear Dale Gardiner was telling anyone who asked what had happened.”
Mr Ronnie stated the killer had “targeted William’s chest with a lethal weapon”.
The advocate depute: “I suggest his actions could not be considered proportionate.”
Donald Findlay KC, defending, said Gardiner “rather lost the place that night”, but what happened was not premeditated.
Mr Findlay told the court: “I can say that his contrition is absolutely genuine. He was distraught that he had taken a life.”
Sentencing Gardiner, Lady Rae said he had not started a fight, but had delivered a single blow causing the death.
The judge added: “There are a number of mitigatory factors in this unusual case.
“You have a minor previous conviction, which I will ignore. However, what I cannot ignore is that a young man lost his life through your actions. His family have been devastated by that loss.”
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