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Last Updated: Tuesday, 2 August 2005, 14:42 GMT 15:42 UK
Car park killer sentence appeal
Carol McMillan appeared at the High Court in Dunfermline
Carol McMillan was convicted in Dunfermline last month
The Lord Advocate is to appeal against the sentence given to a woman who killed a 58-year-old grandmother after a fight at a car boot sale in Glasgow.

Carol McMillan was convicted last month of the culpable homicide of Anne Whittle after they argued about a car park space in August 2004.

McMillan was given three years probation and 240 hours unpaid work.

The Lord Advocate can appeal against a sentence on the grounds that it is "unduly lenient".

During the attack, McMillan, 34, grabbed Mrs Whittle by the hair and kicked her three times on the head.

We felt totally let down and disgusted but now we feel as if we finally have a voice
Heather Russell
Anne Whittle's sister

Her victim suffered a heart attack, collapsed and later died in hospital.

Norman Whittle said McMillan should have received a five year sentence for causing the death of his wife.

He branded the sentence a "disgrace".

Speaking after the decision to appeal, Mrs Whittle's sister Heather Russell said: "It's fantastic news, we actually have some hope at last.

"The day she walked with community service it felt as if I was my sister and she had pulled me down by the hair and kicked me.

Ann Whittle
Ann Whittle collapsed and died after the attack

"We felt totally let down and disgusted but now we feel as if we finally have a voice."

Mrs Russell revealed that Mr Whittle had heard about the appeal while on holiday.

"He is crying his eyes out, it would be Ann's birthday on Tuesday, it's just wonderful for him to get that news just now," she said.

Mrs Russell said she would continue with a petition to have McMillan jailed, which has already gathered 17,000 signatures.

McMillan's co-accused, Charles Freeburn, had his sentence deferred after he admitted assaulting Mr Whittle.

The Lord Advocate has decided not to appeal against the sentence passed on Freeburn.

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16 Aug 04 |  Scotland

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