SENTENCING STATEMENTS

On sentencing, Judge Summers said: 

"On 22^nd November, on what was intended to be the second day of the trial in this case, your plea to some of the charges on this indictment was accepted.  You pled guilty to charges 1, 2 and 3 subject to deletions, and to charge 5 as libelled.  Charge 4 was deserted pro loco et tempore. 

You were remanded in custody on 22^nd November and the case was adjourned initially to 25^th November when I heard the Crown narrative.  The case was then adjourned again to today for the preparation of reports.

The charges to which you have pled guilty include charges involving a horrific catalogue of sexual violence perpetrated against two girls. The offences involving the first complainer were carried out when she was between the ages of 4 and 12.  They include repeated sexual assault when she was between 4 and 12 years old and repeated instances of both oral and vaginal rape when she was between 7 and 11 years old. The offences involving the second complainer were carried out when she was between 4 and 6 six years old.  They include repeated instances of sexual penetration.

It is profoundly troubling that your offending in relation to the second complainer was committed after the first complainer had reported the abuse involving her. I have now been able to consider the victim impact statements prepared by both complainers.  What you did to each of them has had life changing consequences.  They each struggle on a daily basis with the consequences of your abuse.

Your conviction for these offences stands as a testament to the courage and strength of these girls who were prepared to give evidence to ensure that justice was done. It is to be hoped that following your conviction they will be able to move on and that these offences do not come to define them. 

When the case last called I adjourned for the preparation of a CJSWR (Criminal Justice Social Work Report).  I now have that report and the Moving Forward 2 Change report. 

I take account of all that is contained in the reports and all that Mr Gilmartin has said on your behalf.  I recognise the issues you experienced in your childhood. I recognise you have been employed for most of your adult life. I recognise the fact you were in your mid-twenties when the offending started and thirty five when it was discovered.

It is of concern that while on the face of the report you accept responsibility for the commission of these offences, you deny sexual attraction to children. You suggest these offences were committed because of need for “a sense of danger and excitement.” That is difficult to accept.

On the face of the reports you appear to recognise the gravity of your offending but have limited insight in relation to the harm you have caused. Again, I take account of what Mr Gilmartin has said about that. The CJSWR identifies you as being at moderate risk of further sexual offending and that you might respond to intervention. It identifies a risk you will commit further sexual violence in future.

You have historic and non-analogous previous convictions.  I recognise there is nothing on your record remotely as serious as the charges before the court today.  In imposing sentence I attach no weight to your previous convictions.

I also recognise that you have never previously served a custodial sentence. Those things apart, there are limited mitigating factors.

There are significant aggravating factors including the age of the complainers and the fact that you enjoyed a position of trust.  That is a position that you ruthlessly abused for your own deviant sexual ends. Beyond that, in relation to each of these children your offending was persistent and pervasive. It was carried out on a number of occasions over a number of years. Your offending was calculated and it was predatory.  It was almost unimaginably depraved. It is hard to comprehend the harm that is will have caused.

I have had regard to the appropriate sentencing guidelines and in particular the issues of rehabilitation, punishment, deterrence and public protection. In relation to these offences it is clear that the harm caused by your offending is very high and the level of your culpability is very high.

Sexual crimes such as these involving children are particularly abhorrent. Such abuse is not acceptable, and it is the responsibility of the Court to reflect society’s disapprobation of such behaviour.

In is quite clear given the nature and gravity of these offences, that the only appropriate disposal is the imposition of a lengthy custodial sentence.

Sentencing is not straightforward because of the number of different charges.  I am going to impose a cumulo sentence in relation to most of the charges. I am doing that because if I were to impose individual sentences in relation to the charges, and to impose those consecutively the overall sentence would be excessive.

To put that in context, I need to explain what the sentences would have been if sentencing these offences discretely. Charges 1 and 2 involve the same complainer and cover the same course of conduct including repeated rape of a child over a period of 5 years. I would have sentenced those together and the sentence on those offences would have been at least 12 years’ imprisonment.  Charge 3 involves the repeated sexual penetration of a child over a period of 2 years.  The sentence on that charge would have been 6 years’ imprisonment. Charge 5 would have attracted a custodial sentence of 3 months’ imprisonment.

If all of those sentences were imposed and imposed consecutively the overall sentence would be excessive.

I need to give consideration to the utilitarian value of your plea.  Your plea was tendered after the complainers had given (pre-recorded) evidence and after the jury was balloted and attended court.  However, the plea was tendered before we started hearing evidence at the trial so there is some albeit limited utilitarian value.

I am satisfied that the period for which you would otherwise be on license would not be adequate to protect the public from serious harm from you, when you are eventually released. In reaching that view I take account of the terms of the CJSWR. I also have regard to the nature of the offending, the period during which it was carried out, the fact that it escalated in seriousness and continued notwithstanding the initial report to the police.   

In relation to charges 1, 2 and 3 I am going to impose a cumulo sentence. That is an extended sentence of 16 years which is in two parts.

The first part of the sentence is an immediate period in custody.

That sentence is 13 years’ imprisonment. That would have been 14 years but for the timing of your plea. 

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 license for an extension period of 3 years.

The conditions of your license will be fixed by the Scottish Ministers. If, during the extension period, you fail to comply with the conditions of your license it may be revoked. You may be returned to prison for a further period in respect of this sentence. The court also has power to deal with you if you commit a further offence after your release and while you are on license.

That sentence will run from 22^nd November. 

In relation to charge 5 I impose a period of imprisonment of 3 months. That is concurrent to the sentence already imposed.   

You have been made subject to the notification requirements. You will be subject to those requirements for an indefinite period.

On Crown motion I will make non harassment orders in relation to each of the complainers. For an indefinite period you will not approach contact or communicate with or attempt to approach contact or communicate with either of the complainers."