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 independent Scottish Sentencing Council website.

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HMA v Peter Renton

 

Mar 10, 2022

At the High Court at Edinburgh, Lady Scott sentenced Peter Renton to an extended sentence of 9 years and 3 months after the offender pled guilty to rape. This consists of 6 years and 3 months imprisonment and a 3 year extended period on licence. Lady Scott also put in place non-harassment orders for 10 years.

On sentencing, Lady Scott made the following statement in Court:

“Peter Renton, you have pleaded guilty to 3 serious charges of rape - charges 7, 8 and 11, as amended, on the indictment.

Charge 7

In the first rape in April 2019 your first victim was woken by you flipping her over and pushing her head into the mattress. Then you raped her. Your victim tried to struggle free and screamed. She was in agony and thought she may suffocate. Her impression was that you appeared to get a thrill from overpowering her and inflicting pain.

On a second occasion you again pushed your victim down on the bed and held her head. She pleaded with you to stop and tried to get free. You again raped her and pushed her head into the mattress.

On a third occasion you assaulted the same victim by dragging her over a table, held her and again pushed her face down on to the table, and you again raped her.

You were repeatedly violent to your victim during sexual conduct or contact.

Charge 8

In 2020 you again assaulted the same victim by repeatedly punching her on the head and body. You threw her to the ground and stood on her head. Then you forcefully raped her and videoed yourself doing this to her. Her distress is visible. This was followed by further violence including kicking her on the back.

I take into account that deletions of significant violence were made to the violence which appeared in the original charges.

But I also take into account the following aggravating factors that apply here namely:

Aggravations

(1)  The rape offences in the charges 7 and 8 are aggravated in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. I take this into account. I am satisfied that you intended to cause the victim to suffer physical or psychological harm. However in view of the length of the overall total sentence I am going impose, I am not going to add any period in respect of this aggravation to further lengthen it. 

Your Second Victim - Charge 11

Your second victim was subject to violence in your sexual demands. You would frequently demand sexual contact or conduct. If your second victim refused or resisted you would make demands and attack her violently. You used forceful sexual violence against her, including raping her.

Aggravations – Charge 11

(1) Your conduct included recording or filming your rape of the victim or your    confrontation of the victim.

(2) This rape in charge 11 is aggravated in terms of section 1 of the said 2016 Act  and I take this into account. I am satisfied that you intended to cause this victim to suffer physical or psychological harm. However again in view of the length of the total overall sentence I am not going to add any period to further lengthen it. 

(3) You were on bail at the time of this offending and 6 months of the sentence imposed reflects this aggravation.

Again I take into account that aspects of physical assault within the original charges were deleted and that you made an early plea. I will discount your sentence to reflect that early plea.

But as I have said all of these charges are serious in their nature. I have had regard to the features of repeated violence and controlling behaviour, of conduct which involves deliberately humiliating your victims; the filming of the abuse and violence and the consistent combination of the use of violence with sexual conduct or contact throughout all of these charges.

Again I also take into account the factors I have already identified as aggravations of your course of conduct in all of this offending.

I also take into account that the Criminal Justice Social Work report has assessed you as presenting a high risk of serious harm in an intimate relationship.

I am satisfied that you do present a serious risk of serious sexual harm and that an extended sentence is appropriate for the protection of the public. An extended sentence consists of the appropriate term of imprisonment and an extension period whereby your release on licence is extended for that period. The effect is that, if, during that period, if you breach the conditions of your licence, your licence may be revoked and you may be recalled to prison by the Scottish Ministers, with or without consultation with the Parole Board.

This extended sentence should take into account the factors identified within the criminal justice social work report which relate to programmes and supervision which can be undertaken.

These charges constitute a course of sexual offending involving violence. It is appropriate that I impose a single total sentence reflecting this course of conduct.

In respect of all 3 charges I sentence you a total sentence of 9 years and 3 months which will consist of a period in custody of 6 years and 3 months (reduced from a period of 10 years 3 months to reflect your early plea) and a period on extended release on licence of 3 years. This makes a total sentence of 9 years and 3 months consisting of 6 years and 3 months in custody and 3 years extended period of release on licence.

You will be subject to the notification requirements indefinitely.

Non-Harassment Orders

Now separately I am also going to impose 2 further orders for the purpose of the protection of your 2 victims.

(1) I impose a non-harassment order that you do not by any means (including directly, by telephone, letter or electronic means such as e mail text message or video call) approach or contact or attempt to approach or contact the first victim  (in charges 7 and 8)  for a period of  10 years.

(2)  I also impose a further non-harassment order that you do not by any means (including directly, by telephone, letter or electronic means such as e mail text message or video call) approach or contact or attempt to approach or contact the second complainer in charge 11 for a period of 10 years.

 If you are found to have breached this order then you may be punished which can be by imprisonment.”

9 March 2022