SENTENCING STATEMENTS

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HMA v Scott Wilson

Jan 8, 2025

At the High Court in Livingston, Judge Farquharson KC sentenced Scott Wilson to an extended sentence of 16 years after the offender was convicted of rape, assault and sexual assaults. The custodial part was set at 12 years' imprisonment.

On sentencing, Judge Farquharson KC said:

"Scott Wilson the jury have convicted you of the most serious crimes, reflective of a course of your appalling conduct within a relationship and a catalogue of grossly violent incidents.

I note that at the time when you met the complainer you were the subject of the Caledonian Men’s Project, having been convicted of an offence of violence against your former intimate partner. It is clear that notwithstanding the work you were having to undertake, it did not affect or influence any of your behaviours.

Your behaviour particularly when under the influence of cocaine was cruel and abusive, intimidating and on too many occasions directly threatening, both to her and members of her family.

Drugs made you irrational and jealous and I saw for myself in the messages led in evidence, the Jekyll and Hyde nature of your character as aptly described of you, that she had to endure for too many years.

You left the complainer feeling worthless and responsible for your actions.

I have taken into account everything that has been said on your behalf today. In particular I note that you have the continuing support of your family. It is to your credit that you have a positive work ethic and have been using your time whilst in custody constructively. I can only hope you maintain that resolve.

That all said I have to take into consideration the contents of both Criminal Justice Social Work Reports. Whilst the explanations provided to the social worker in your initial report (dated 28 November 2024), fit with the account you gave in evidence, I sentence you on the complainer’s evidence, that reflects the basis upon which the jury convicted you.

Your version of events as expressed in that November CJSWR, remain entirely self serving. You continue to deny any sexual impropriety and now as then, seek to apportion almost all responsibility onto the shoulders of your victim.

Whilst the author of that November report suggested that you had taken responsibility, apologised and regretted your actions for the physical harm that you caused to your victim, that is a qualified admission, set to the tune of your narrative of events, and does not fit with what actually happened.

In sentencing you today, considerations of punishment, deterrence and public protection are all material in this case.

Your victim was forced to relive every distressing detail. The toll it took was laid bare, in watching her give that account on commission. I have had the benefit of reading a victim impact statement prepared by her. In an eloquent statement she has described the cost of this relationship, which has impacted every aspect of her life: physical emotional, financial and even professional. There is no alternative, but a substantial custodial sentence in respect of these offences.

Standing the nature of these offences and your capability of causing serious harm, the social worker who prepared the CJSWR’s has highlighted the risks that you pose and the treatment needs you must address. The recommendation is made that extended post release supervision is necessary for the protection of the public.

Having regard to the terms of these charges, the evidence of the complainer and your attitude as described in evidence and repeated in the first CJSWR, I agree with that assessment. I also bear in mind your wider capacity for violence, as demonstrated in your lengthy record of convictions, mindful too of the nature and diversity of that unenviable record of offending over the last 15 years. I must also take into consideration the significant escalation in the severity of harm that you have caused. I am entirely satisfied that the normal period of licence to which you would be subject following your release from custody, would not be adequate to protect the public, and in particular any intimate partner, from the risk of serious harm that you are likely to continue to pose.

In accordance with the recommendation of the social worker, I will therefore impose an extended sentence, comprising a custodial element and a period of post release supervision, known as an extension period.

Dealing first with custodial part of your sentence.

In considering the most appropriate sentence for these charges, I have looked at the charges in separate chapters. Your behaviour during the course of that relationship (charges 1 2 and 3) and thereafter the incidents that precipitated the end of that relationship (charges 5, 6 and 7) and finally the possession of drugs during that whole time (charge 9). I will

impose a cumulo custodial sentence to reflect all of this offending

For legal reasons, had I been imposing a sentence in respect of each chapter separately, I require to explain what that sentence would have been. The cumulative nature of the sentences I intend to impose however, necessitates a reduction in that total term of imprisonment, to avoid a disproportionate overall result. I will reduce the headline term in respect of each chapter accordingly.

Charges (1)(2)(3)

In respect of charge (2) and as part of your domestically abusive behaviour, was your fascination with a particular form of intercourse and repeated pressurising of the complainer to engage in the same. Irrespective of her wishes and about which you were well aware, you anally raped her on 17 February 2019 (charge 3). You had the opportunity to desist but failed to take it, and over the course of too many seconds thereafter.

Had I been sentencing you in respect of charges (1)(2) and this offence of rape in charge (3) in isolation, I would have imposed a cumulo sentence of 7 years' imprisonment in respect of those 3 charges. I will however reduce that term to one of 4 years' imprisonment, standing the overall length of the custodial part of your sentence.

Charges (5)(6)(7)

Charges (5)(6) and (7) are a course of your conduct, in the early hours of the morning on 18 June 2023. In your drug induced and sexually disinhibited state, no doubt aroused by the surfing of dating and extreme pornography sites, you committed the first offence of rape whilst the complainer slept, she having made efforts to distance

herself from you because of your behaviour that evening. Thereafter, your reaction when confronted with what had just happened, forms the circumstances of charges (6) and (7).

There are in respect of charges (6) and (7) in particular, significant aggravations that I have to take into consideration. Not least:

• the forced entry into the locked bathroom where your victim had

sought sanctuary from you;

• the unlawful detention of her within, and

• the wholly unprovoked and wilfully violent and forceful acts that

you inflicted upon her, that caused such significant, extensive and

obvious injury.

• the complainer thought you were going to kill her and when she asked

you to pass on her love to her mother, you spat on her.

In the bedroom you subjected your victim in that obviously injured state, to prolonged and repeated acts of sexual violence.

Had I just been sentencing you in respect of charges (5)(6) and (7) I would have imposed a cumulo sentence of 10 years imprisonment in respect of the 3 charges. I will however reduce that term to 8 years' imprisonment, standing the overall length of the custodial part of your sentence, but this term will have to be served consecutively to the 4 years already imposed in respect of charges (1)(2) and (3).

Charge (9)

In respect of charge (9) I impose a period of 12 months' imprisonment but this I order to run concurrently to the sentences already imposed.That makes a total period, in respect of the custodial part of your sentence of 12 years' imprisonment.

Extension Period

Thereafter, and as an extended sentence, you will be subject to a period of post release supervision. The extension part of your sentence will be one of 4 years, during which time you will be subject to close monitoring and supervision. The conditions of your licence will be fixed by the Scottish Ministers. If during this extension period you fail to comply with

any of the conditions of your release licence, it may be revoked and you may be returned to prison for a further period in respect of this case. The court also has the power to deal with you if you commit another offence, after your release from the custodial term of this extended sentence.

The effect for you Mr Wilson is an extended sentence for a period of 16 years. That is comprised a custodial sentence of 12 years and an extension period of 4 years. This sentence will run from the date of your initial remand in custody on 20 June 2023.

Notification period

You will remain subject to the notification requirements applicable to sex offenders for an indefinite period and your name has already been intimated to the Scottish Ministers for addition to the list of persons deemed unsuitable to work with vulnerable groups.

Finally, and on the Crown motion, I will make a non harassment order in the terms sought (but as explained for the complainer only, bound as I am by the terms of section 234A of the 1995 Act), in respect of the complainer and for an indefinite period. You must not approach or contact the named complainer in person or by electronic or any other means, and neither directly nor indirectly through any other person.