SENTENCING STATEMENTS
A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.
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 Brandon Miller
Mar 12, 2025
On sentencing Sheriff Sharp said:
"Brandon Miller, the degree of culpability involved in the commission of these offences is extremely high. You and your former partner colluded in planned, deliberate, targeted abuse of vulnerable children, which was utterly depraved and represented a breach of the trust conferred on you by the parents of the victims. The level of harm inflicted is incalculable. In addition, some of the images found on your devices fell into in the most extreme category. Such is of the gravity of the crimes which you have committed, a custodial sentence is the only appropriate disposal in your case notwithstanding that you require to be sentenced as a young person and a first offender.
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 an extended sentence of 4 years, which is in two parts. The first part of the sentence is an immediate period in custody. If you had not pleaded guilty at the earliest opportunity, this would have been for a period of 3 years. However, because of the guilty plea, I require to apply a one third discount to this period, which means that the custodial term will be 2 years. This custodial term will be backdated to 23 September 2024 to take into account the period spent on remand. 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 2 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.
You will be subject to the Sex Offenders Notification requirements for an indefinite period and I am imposing a Sexual Harm Prevention Order for a period of 7 years.
I am also imposing a non-harassment order prohibiting you from approaching or contacting or attempting to approach or contact the complainer in charge 2 for a period of 10 years.”