Killer attacked ex-partner hours after being given temporary prison leave

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.

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 when he was released from Castle Huntly prison, near Dundee, in March last year.

A judge told Smullen at the High Court in Edinburgh: “While on home leave from a sentence imposed for culpable homicide, you carried out two attacks. These were unprovoked attacks on two vulnerable individuals.”

Smullen had denied the attacks on the man and woman, but was convicted of the crimes by a jury at Dundee Sheriff Court, and his case was remitted to the High Court because of its greater powers of sentencing.

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.

Lord Ewing said the man now no longer feels safe going out alone and added, “He lives with ongoing anxiety.”

The judge said the attack on the woman must have been both very frightening and degrading.

He noted that Smullen continued to maintain his innocence over the assault charges and appeared to have limited insight into the offending and its impact on the victims.

Smullen was also convicted of attempting to pervert the course of justice by phoning his ex-partner and asking her to withdraw a statement.

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, when he will be on licence and can be returned to jail if he breaches its conditions.

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.   

Defence counsel Jonathan Campbell said: “The offences were committed while he was subject to temporary release, he being an inmate at Castle Huntly.” He said Smullen had previously been granted home leave which had passed without incident.

He said that in committing the offences, Smullen recognised he disregarded a number of conditions placed on him, including not to consume alcohol.

The court heard that Smullen has since been transferred to HMP Shotts. He followed the sentencing proceedings via a TV link to jail, where he was wearing an HMP Shotts polo shirt.

The judge made non harassment orders banning Smullen from contacting or attempting to contact victims for an indefinite period.