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[1] At a preliminary hearing at Edinburgh High Court on 7 February 2013, the respondent pled guilty to an amended charge of assault and attempted robbery at commercial premises, involving the presentation of a firearm or imitation firearm. On 4 March 2013 Lord Burns imposed a community payback order with a 3-year supervision requirement and 200 hours unpaid work (discounted from 250 hours to reflect the plea).
[2] The Crown appeals against the sentence as unduly lenient. It is the Crown's position that the sentence failed adequately to address the seriousness of the offence, the risk posed by the respondent, and the need for retribution and deterrence.
[4] When the police arrived, they drove around the area looking for the gunman. They were also directed to a particular house in Armadale by Mr M. Firearms officers attended at that address. However the respondent was not there.
[5] The shopkeeper and his wife were badly affected by the attempted robbery. Not only was the incident itself alarming, but there had been previous similar incidents. The shop was acquiring a bad reputation, which was affecting business.
[7] Subsequently, when interviewed, he denied any involvement. He was shown a CCTV recording of the incident. After the interview, when the recording equipment was switched off, he said:
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