SENTENCING STATEMENTS
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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.
Read more about victims of crime and sentencing.
HMA v Scott Tullis
Apr 29, 2024
On sentencing, Lord Young told Tullis:
“Scott Tullis, you have been found guilty of a number of sexual offences against three female complainers. These include multiple instances of rape committed in differing forms against a former partner; a single incident of rape against a more recent partner; and a serious indecent assault upon a 13 year old girl which, if it occurred today, would now be classified as rape. The earliest of these sexual offences was committed when you were 16 years old but the remainder took place over a period when you were between the ages of about 20 and 28. You were also found guilty of a number of physical assaults on your partner, as well as threatening and abusive behaviour directed against her. I agree with the author of the criminal justice social work report (CJSWR) who describes your behaviour as involving coercion, aggression and control directed against your female partners. You continue to deny responsibility for these offences.
I have read carefully the two victim impact statements provided to me in this case. One of these woman was in a relationship with you while the other woman had the misfortune to meet you on one occasion when she was a teenager. However, what jumps out from each statement is the extent to which your abusive conduct has affected their mental health and their ability to live their best lives.
I take into account the various points urged on me today by Mr MacLeod. I acknowledge that your previous convictions are at summary level, non-analogous and of some vintage. In effect, I will treat you as a first offender. You have a good work record and, prior to your remand, you had regular contact with your two children. You have a supportive family who are present in court today. I also acknowledge your relative youth, especially at the time of the offending in charge 1. There was evidence at the trial which indicated that you have a problem with excessive alcohol consumption which seems to be acknowledged by you in the CJSWR and you seem to be taking steps to control that which I commend.
I have decided that the persistent nature of the offending and the terms of the CJSWR indicate that you are likely to present a continuing risk to women on your release from imprisonment unless some additional post-release supervision is put in place. As such, I am going to impose an extended sentence on you. That sentence is in two parts. The first part of the sentence is the period of imprisonment. The second part is the extension part when you will be on licence and under supervision in the community. You need to understand that when you are serving the extended period in the community, you will be subject to licence conditions fixed by the Scottish Ministers. If during the extension period you fail to comply with the conditions of your licence, it may be revoked and you may be returned to custody for a further period in respect of this indictment.
I am going to impose a cumulo sentence for all charges with the exception of charges 4 & 8 which have different statutory maximums. Therefore, in respect of charges 1, 2, 3, 5, 6, 7 & 11, I sentence you to an extended sentence of 13 years comprising a period of imprisonment of 9 years and an extension period of 4 years. I have not added an additional custodial period in respect of the domestic aggravation to charge 11 as I have taken account of the domestic abuse background to that charge in selecting the overall cumulo period.
In respect of charges 4 & 8, I sentence you to 9 months imprisonment on each charge. These two sentences will run consecutively to each other but concurrently with the extended sentence.
The sentences are backdated to 13 March 2024 when you were first remanded in custody.
As a result of your conviction, you are subject to the notification requirements in the Sexual Offences Act 2003. Given the sentence just imposed, you are subject to those notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.
I also impose non-harassment orders on you. I am satisfied that it is appropriate that non-harassment orders are imposed to provide additional protection and peace of mind for two of your victims. I therefore make orders that you must refrain from approaching or contacting, or attempting to approach or contact the complainer identified in charges 2-8 and the complainer identified in charge 11 on this indictment, both for a period of 15 years.”
29 April 2024