Two crime gang members have failed in their attempt to overturn sentences imposed for plotting to kill a Glasgow gangster. According to BBC News, David Nisbet, 36, and Declan McCuish challenged their convictions at Scotland's Court of Criminal Appeal in Edinburgh, but three judges upheld their original terms as lawful and proportionate.
Nisbet was sentenced to 13 years and McCuish to 11 years for conspiring to murder Ryan Carvill in 2020. The plot unravelled when a hired assassin withdrew from the scheme at the last moment, and encrypted messages on the EncroChat phone network provided evidence that led to their arrest and conviction.
The appeal judges—Lord Beckett, Lord Matthews and Lord Ericht—rejected both men's arguments in a written judgment issued on 10 November 2026. The Glasgow Times reported that the court found no grounds to reduce the sentences, stating that comparisons between different cases need not be "mathematically calibrated" and that an error in a step used to calculate a sentence does not automatically prove the sentence was excessive.
What were the original charges?
Both men were convicted of conspiracy to murder Carvill, who moved between Glasgow and Dubai. Nisbet faced additional convictions for directing others to commit serious offences and possessing a handgun to commit acts of violence. McCuish was also found guilty of involvement in serious organised crime. The pair denied all charges but were convicted following trial at addresses in Glasgow, East Dunbartonshire and Liverpool.
During the conspiracy, Nisbet and McCuish offered money and arranged for James Richards, a hitman from Liverpool, to travel to Glasgow to carry out the assassination. Richards later withdrew from the plan, having developed what prosecutors described as "cold feet". The conspirators also obtained stolen vehicles with false number plates intended for use in the murder and made arrangements to conceal the weapon and set fire to the getaway car.
Prosecutor Lindsey Dalziel characterised Nisbet as the ringleader, telling the court that the gang "sought to turn the streets of Glasgow into a warzone" in pursuit of their target. Court documents show that the sentencing judge described the murder plan as detailed and advanced, noting that the conspirators tracked the intended victim's address, car and movements and arranged for people to travel to Glasgow to execute the killing.
Why did the appeal fail?
At the appeal hearing the previous month, Nisbet, who represented himself without legal representation, argued to Lord Beckett that sentences imposed on others convicted of similar offences were shorter than his 13-year term. He asked the court to reduce his sentence "in the interests of justice". McCuish's lawyer contended that the 11-year sentence was disproportionately harsh given that his client played a smaller role in the conspiracy than other participants.
In their written judgment, the appeal judges rejected both arguments. Lord Beckett wrote: "We are not persuaded that it was an excessive sentence, there was no miscarriage of justice." The court's reasoning reflected the view that sentencing decisions involve discretion and that the original judge had acted within proper legal guidelines when imposing the terms.
What happened to others involved?
James Richards, the hitman who withdrew from the plot, received a sentence of seven and a half years for his role in the conspiracy. Anthony Connell, another gang member involved in the scheme, was sentenced to six years and nine months. Carvill himself was also jailed for his involvement in a narcotics supply operation.
The sentences imposed on Nisbet and McCuish included extended terms: each custodial period was followed by three years of community supervision, during which breach of conditions could result in return to prison. The sentencing judge also imposed three-year serious crime prevention orders on both men, to take effect upon their release from custody, restricting their activities and associations as part of efforts to prevent further offending.
Key Facts
- David Nisbet and Declan McCuish were convicted of conspiracy to murder Ryan Carvill in 2020 and sentenced to 13 and 11 years respectively
- The murder plot failed when hired assassin James Richards withdrew at the last moment; encrypted phone messages led to their arrest
- Three appeal judges upheld both sentences on 10 November 2026, finding no miscarriage of justice or excessive punishment
- Nisbet and McCuish will each serve extended sentences including three years of community supervision after release, plus serious crime prevention orders
- Other conspirators received shorter sentences: Richards received 7.5 years and Anthony Connell received 6 years and 9 months
