SENTENCING STATEMENTS

 

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HMA v Cameron Downing

 

Jul 16, 2024

At the High Court in Edinburgh, Judge Stirling imposed an extended sentence of 9 years on Cameron Downing after the offender was convicted of 10 charges including assault, sexual assault and domestic abuse. The sentence comprises a custodial term of six years and a 3-year extension period in the community.


Please be aware this statement contains graphic details of the offences which people may find distressing.

On sentencing, Judge Stirling said: 

"Cameron Downing, on 14 June 2024, at the High Court in Edinburgh you were convicted after trial of 10 charges of assault, sexual assault and domestic abuse against people who were your friends or your partner.  The most serious charges were the domestic abuse charge against your partner which included your falsely accusing him of having anally raped you, and your successfully blackmailing him about that to be in a sexual relationship with you including oral and attempted anal intercourse and masturbation, your physically assaulting him, and your control of his social media applications.  You were also convicted of sexually assaulting him by performing oral sexual intercourse on him while he was intoxicated with alcohol and incapable of giving or withholding consent.  You were convicted of sexually assaulting four other people who were your friends, three of them young women and one of them a young man.  You were convicted of physically assaulting four young women who were your friends, two of them to their injury. 

You are now 24 years old. You have no previous convictions. 

I note from the criminal justice social work report that you do not accept the verdicts other than the physical assault on the young woman in charge 13.  You gave the social worker some explanations and minimised your involvement in the offences.  You claim that two of the women conspired to get one of the young men to report you to the police for sexual assault.  You claim that two of the other women were encouraged by another friend to make false reports to the police.  You also maintained your claim that you had been raped by the complainer in the domestic abuse charge, despite the jury having found that you had falsely accused him of rape.  You did not show remorse, and you did not identify any impact on your victims. 

The report also tells me that you were brought up by your parents alongside your younger brother, and that you have very positive relationships with your immediate and extended family.  A serious incident in your childhood led to your receiving social work support due to the trauma of that incident.  The incident caused the family financial difficulties.  Your parents both have long term health issues.  They visit you frequently in prison.  You are single.  You did well at school and went on to college.  In particular you have undertaken courses in acting.  You have had a variety of jobs and have been able to support yourself financially.  You have had some physical and mental health issues.  You have misused alcohol and substances. 

In terms of the risk assessment specific to domestic offending, you present with issues concerning threats, intimidation and physical and sexual violence.  You present with distorted views regarding intimate partner violence, and you have shown no remorse or insight into how your actions may have affected your victim. 

In terms of the risk assessments specific to sexual offending, you scored in areas including hostility towards women, lack of concern for others, sexual preoccupation and deviant sexual preference.  You have been assessed as being at a high risk of sexual reoffending.  You have relationship deficits, and have been manipulative as well as showing a callous disregard within your friendship groups.  Your offences are likely to have caused significant psychological and physical harm to all your victims, and their psychological recovery from your actions could be prolonged. 

You present with a high likelihood of causing serious harm, both sexual and violent, as well as controlling behaviour within the context of intimate relationships.  The likelihood of reoffending is not exclusive to men you are in an intimate relationship with, but includes adult women known to you.  You have the capacity to cause physical and sexual harm as well as emotional and psychological distress.  Your risk is not currently manageable in the community. 

I have taken into account everything said by Mr Meehan KC on your behalf. 

Custody is the only appropriate disposal, having regard to the serious nature of your offending. 

I am also satisfied, having considered the terms of the report, that the terms of an ordinary licence will not be sufficient to protect the public from you on your release. 

In the circumstances, I am going to impose on you a sentence which is in two parts. 

The first part, the custodial element, will be one of imprisonment for 6 years.  That will not be the end of your sentence because when you are released the second part of the sentence will come into play.

That part, known as the extension period, will be one of 3 years.  During that period you will be subject to the conditions of a licence set by the Scottish Ministers and any breach of the conditions could see you liable to be returned to prison to serve the remainder of the sentence.  So the sentence is an extended sentence of 9 years of which the custodial part is 6 years and the extension part is 3 years. 

The breakdown of the sentence is as follows: 

On the domestic abuse charge, charge 12, which features a significant sexual element, and on charge 10, a cumulo extended sentence of 9 years, comprising 6 years custody with a 3 year extension. 

On the other sexual offences charges, charges 4, 8, 16 and 18, a cumulo sentence of 2 years, which I will make concurrent with the extended sentence having regard to the totality of the sentence being imposed today. 

On the assault charges, charges 3, 13, 17 and 19, a cumulo sentence of 2 years, which I will again make concurrent with the extended sentence having regard to the totality of the sentence imposed today. 

The custodial element of the extended sentence will be backdated to 14 June 2024 when you were remanded in custody on conviction. 

As a result of this sentence you will be subject to the notification requirements for an indefinite period. 

Your name has already been intimated to the Scottish Ministers for addition to the list of persons deemed unsuitable to work with vulnerable groups. 

I am also going to impose on you a non-harassment orders preventing you from approaching or contacting or communicating with, or attempting to do any of these things, in relation to your former partner, the complainer on the domestic abuse charge, for an indefinite period. 

The reasons for this sentence include punishment, protection of the public, and rehabilitation."