SENTENCING STATEMENTS
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HMA v Stuart Harding
Mar 5, 2025
On sentencing, Lord Summers said:
"Mr Harding you have been convicted of a series of sexual crimes. Three of your victims were adult women and two of them were young females.
I have listened carefully to what Mr McSporran has said in mitigation this morning. I have also had regard to the Criminal Justice Social Work report.
In relation to the first complainer you were convicted of sleeping rapes and attempted rapes. You were also convicted of an offence under s38 of the 2010 Act. I acknowledge that you were in your early twenties at the time and have taken this into account. Had I been sentencing these crimes on their own and without regard to your age, I would have considered the sentencing bracket to be between 4-6 years and pronounced a cumulo sentence of 5 years imprisonment. Having regard to your age, I consider that the bracket should be between 3 and 5 years and conclude that the appropriate cumulo sentence should be four years.
You were also convicted of sexual assaults against the second complainer. I accept that you were still relatively young albeit you had just exceeded the age of 25. I note that in addition to the rapes committed when she was asleep, the final rape was forceful. I consider the bracket for these offences to be between 4-6 years and have decided that four years is appropriate.
You were in a long term relationship with the third complainer. Charges 8 and 9 are part of the same incident. On this occasion the complainer was intoxicated and you raped her while she was not in a position to give free consent. Charge 10 is another sleeping rape. You were an older man by this stage and were fully responsible for your actions. I consider the bracket for these crimes is again between 4 and 6 years. I consider that a cumulo sentence of six years is appropriate here and apportion three months to the aggravation under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
The offences committed against the fourth and fifth complainers were committed when they were young. The attempted rape of the fourth complainer did not amount to a full rape because she was so young and penetration was not physically possible. At the time of the attempted rape she was 12. It seems the other sexual assaults occurred in return for alcohol and were perpetrated in the back of your van on a mattress which I consider you had placed there for that purpose. I consider the range for these offences is between 7-11 years. Had I been sentencing charges 13 and 14 on their own, I would have pronounced a cumulo sentence of 8 years to take account of the age of the victim.
The offences against the fifth complainer were under s28 and 30 of the 2009 Act Sections 28 and 30 and 34 of the Sexual Offences (Scotland) Act 2009. Again she went along with these sexual assaults in return for alcohol and they too occurred in the back of your van. I accept that the charge under s34 is of lesser moment but I consider the assaults under s28 and 30 to be more serious. While I accept she co-operated, she was not of an age when she could consent and it seems the provision of alcohol played a part in her co-operation. Had I been sentencing them on their own, I would have pronounced a cumulo sentence of three years.
The total of these sentences is 25 years. I must however have regard to the principle of totality and make an appropriate adjustment to reach a just overall sentence. I will do this by pronouncing a cumulo sentence of 15 years' imprisonment and apportion two months to the aggravation. This will take effect from 5 February 2025 when you were convicted and remanded in custody.
The last offence on the indictment was in 2019 and no further offending behaviour has come to the notice of the police since then. Given that this is your first conviction for sexual offending, the average risk stated in the CJSW report, your period without further offending after 2019, and the period of time you will spend in custody before becoming eligible for release by the Parole Board, I should not add an extension period to the overall sentence.
You will be placed on the Sex Offenders Register indefinitely and appropriate notifications will be made under the Protection of Vulnerable groups legislation.
I will pronounce non harassment orders in respect of the 2nd and 3rd complainers for a period of 20 years."