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 Alan Todd
Nov 27, 2024
On sentencing, Lord Lake said:
"Alan Todd, you were convicted by the jury of a number of very serious offences. The common theme of most of them was that you sought sexual gratification from young girls. You had three victims and your offending stretched over 18 years. While it has been stated that you do not accept your guilt, I will sentence on the basis of the verdict of the jury.
"Your offending shows escalation in that the most recent offending involved anal penetration of a girl under 13. This was an appalling crime showing no regard at all for your victim and showed only an interest in satisfying your sexual desires. It is notable that this took place on many occasions. Your victim could not be precise about how many but said it happened at least weekly and was over a three years period.
In addition to these offences, there is an assault.
You have caused trauma to your victims. It is apparent from the Victim Impact Statements which I have considered that this has been long lasting and has affected their lives in many ways.
You have one previous conviction in relation to taking photographs of the victim in the first charge. Because this was some time ago it does not make a great difference to the sentence I will impose.
Your counsel has drawn attention to your work history and limited criminal record.
He has also noted that you have expressed that you are repulsed by the crimes of which you were convicted and consider that they are despicable.
The nature of your crimes is such that only a custodial sentence is appropriate.
In considering the period of that sentence, it is useful to look at each charge in turn.
For charge 1, a sentence of 3 years would be justified
On charge 2, two and a half years would be appropriate
On charge 3, one year would be appropriate
On charge 4 a sentence of six months would be appropriate
As I have said, Charge 5 is the most serious. This merits a sentence of 9 years
If these were concurrent, the length of your sentence would depend only on the final charge which would not be appropriate. On the other hand, if they were consecutive, the sentence would be 16 years which would be disproportionate
On the basis of risk as considered in the Criminal Justice Social Work Report and the offences of which you were convicted, I am satisfied that the period for which you would otherwise have been on licence would not be adequate to protect the public from serious harm from you when you are eventually released. For that reason, I am going to pass on you a single extended sentence in respect of all charges of 13 years which is in two parts.
The first part of the sentence is an immediate period in custody. That period will be 10 years. This will be backdated to 28 October 2024.
But this immediate period in custody is not the end of your sentence.
The second part of your sentence will be served in the community. From the date of your release, you will be under licence for an extension period of three years. The conditions of your licence will be fixed by the Scottish Ministers. If, during this 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 case. The court also has power to deal with you if you commit another offence after your release and while you are on licence.
When you were convicted, I told you that you would be subject to the notification requirements of the Sexual Offences Act 2003 and that the period for which you would be so subject depends on the sentence I pass. In view of the sentence I have imposed, you will be subject to the notification requirements indefinitely.
A motion has been made for a non-harassment order. I have to consider whether on a balance of probabilities, it is needed to protect the victim from harassment or further harassment
I have taken account of the substantial distress and suffering you have caused and that there should be no reason why you require to have any contact with them. Although you have had contact with the victim in the first charge following your earlier conviction for acts committed in relation to her, I have been advised by the Advocate Depute that she now wishes an order to exclude any contact.
I am satisfied that orders are appropriate in relation to each of your victims. You will be prohibited from contacting or attempting to contact them by any means whatsoever for a period of 15 years."