SENTENCING STATEMENTS

 

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.

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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.

For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the Scottish Sentencing Council website.

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HMA v Alexander Morgan

 

Apr 15, 2021

At the High Court in Glasgow, Lord Richardson today sentenced Alexander Morgan to 8 years’ imprisonment after the offender was found guilty of the sexual abuse of children.

 

On sentencing Lord Richardson made the following statement in Court: “Alexander Morgan, you have been convicted, following trial, of two instances of the sexual abuse of young children. 

These two incidents demonstrate a course of conduct in which you have preyed on vulnerable young girls for the purposes of your sexual gratification. Both incidents are serious.

In respect of the first incident, you opportunistically took advantage of an 11 year old girl, while she was present in a friend’s house. You grabbed her from behind and groped both her breasts and vagina. This incident, together with its aftermath, was plainly a traumatic experience for her.

The second incident was particularly appalling involving, as it did, the oral penetration of a 4 year old girl with your penis to such an extent that it caused her to vomit. At the time, the complainer was in your care. 

It is clear from her victim impact statement, which I have read and very carefully considered, that this incident has had a long term psychological impact on her.

However, it appears from the Criminal Justice Social Work Report, which has been prepared, that you continue to deny that you committed the offences of which you have been convicted. 

Taking into account what has been said on your behalf, you appear, at the very least to be struggling to gain an insight into either your offending or its consequences.

Your criminal record also discloses two very troubling analogous convictions. 

The Criminal Justice Social Work Report concludes that you currently present a high risk of sexual reoffending in the community.

I have had due regard to your record and this risk assessment in selecting the sentences for these charges.

I have also taken into account everything that has been said on your behalf this morning. I take into account your age, your unfortunate background, your mental and physical difficulties and your other personal circumstances.

In respect of charge 1, I sentence you to 2 years imprisonment.

In respect of charge 2, I sentence you to 8 years imprisonment.

The two sentences are to be served concurrently and are to commence on the expiry of the term of imprisonment that you are currently serving.

As a result of your conviction and the sentences imposed, you are subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.”

15 April 2021