SENTENCING STATEMENTS

 

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HMA v Robert Brechin

 

Feb 26, 2025

At the High Court in Glasgow, Lord Matthews sentenced Robert Brechin to 7 years and 4 months' imprisonment after the offender pled guilty to a catalogue of sexual offending against a vulnerable teenage girl. Brechin was placed on the sex offenders register indefinitely and a non-harassment order was also imposed.


Please note that this statement contains details of sexual offences.

On sentencing, Lord Matthews said:

"You pleaded guilty at a preliminary hearing to one charge which libelled a catalogue of sexual offending against a vulnerable girl aged between 13 and 15.

The details of what you did were clearly set out in the agreed narrative which was read on the last occasion you appeared in court.

The complainer has slight learning difficulties and was diagnosed with autism. She was being educated at a specialist school.

She lived mostly with her grandparents, whom you knew and regularly visited.

From the age of 11 she would often stop to pat your dog if you were passing in the street.

Sadly your dog died but you bought a puppy with which the complainer enjoyed spending time.

She began to visit your home two or three times a week to play with it. You told her grandparents that the puppy was difficult and only she could deal with it.

When she was 13 you were walking with her and the puppy and asked her if she had had her first kiss yet. She said that she had not and you began repeatedly to kiss her on the neck and mouth, using your tongue.

She found this to be weird.

She did not know what to do and did not tell anyone but continued to visit you to play with the puppy. Neighbours who saw you together were concerned about the nature of your interactions.

She was in your home almost every day and you abused her on a regular basis. You used your mobile phone to photograph and record her when she was naked or partially undressed; you told her to masturbate and digitally penetrate her vagina, which you photographed her doing; you told her to dress up in provocative clothes which you had bought; you touched and digitally penetrated her vagina; you performed oral sex on her and penetrated her vagina with a sex toy; you induced her to touch and masturbate your penis and to perform oral sex on you; you induced her to engage in penile vaginal/sexual intercourse with you; and you ejaculated into her mouth and vagina.

These things happened so often that the complainer is unable to remember individual episodes but thinks that penile/ vaginal intercourse happened on at least 10 occasions.

A number of times you told her that you felt guilty because she was not yet 16 and that, if anyone found out, you would get into trouble so it had to be a secret between you.

Eventually matters came to light after she told her headmaster.

I have considered the contents of the Criminal Justice Social Work Report and taken account of everything said on your behalf.

The report says that, according to you, you had sexual contact 2 to 3 times each week over the period of 2 years and that sexual intercourse occurred 5 times. That does not entirely square with the contents of the agreed narrative. In speaking to the author, you blamed the complainer to some extent and minimised your conduct, although you claimed to struggle with your memory. Your counsel tells me today that in fact you accept the contents of the narrative.

It was reported that you lack insight and displayed no remorse. However, your counsel has said that you were anxious to ensure that the complainer did not give evidence and that, while you appeared to think that there has been no impact on the complainer, the fact was that you struggled to understand it.

I have read the Victim Impact Statement which tells me that the complainer is unable to concentrate fully at school. It makes her scared to be around her teachers and she cannot leave the house as much as she used to. She feels sad and depressed.

While no-one knows what the effects of your conduct will be in the long term, it is safe to say that they will not be positive.

You are now 72 and have no previous convictions. Beyond that, there is little to mitigate your culpability, which is high. It involved grooming the complainer, who was vulnerable and whose interest in your puppy you exploited. You were in a position of trust towards her. You photographed and recorded her.

You have plainly caused psychological harm, which may increase in the future for all we know.

While I have already noted your lack of convictions, the serious nature of this offence is aggravated in a number of respects. The conduct was repeated on a frequent basis over a period of two years. You ejaculated inside the complainer and you attempted to persuade her not to report you.

I am not satisfied that an extended sentence is appropriate given your age and all the circumstances but I am persuaded that a lengthy sentence is required.

Had I been sentencing you after trial the sentence would have been one of imprisonment for 11 years.

However, you indicated from an early stage that you wished to plead guilty and the reason you did not was because the Crown were still investigating matters. A section 76 letter was submitted as soon as it was feasible but the Crown preferred to indict.

In the circumstances the sentence, which will run from 22 January 2025, will be one of imprisonment for 7 years and 4 months.

You will be subject to the notification provisions of the Sexual Offences Act 2003, that is to say you will be on the so-called sex offenders’ register, for an indefinite period.

On the unopposed motion of the Crown I shall make a Non-harassment order, prohibiting you from contacting or attempting to contact the complainer. That will be for an indefinite period."