SENTENCING STATEMENTS

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HMA v Craig Neill

May 7, 2025

At the High Court in Livingston, Judge Craig sentenced Craig Neill to an extended sentence after he was convicted of engaging in a course of coercive and abusive behaviour, sexual assault and rape. The custodial term was set at 9 years and 325 days and the extension period, the time spent under supervision in the community on release, was set at 3 years.

On sentencing , Judge Craig said:

"You were found guilty by a jury after trial of a total of six charges. Two involved your engaging in separate courses of coercive and abusive behaviour over a period of years towards two different partners but which followed a very similar pattern of threating and controlling their activities, degrading and demeaning them, taking out your own unfounded jealousy and isolating them. One charge involved your threatening and abusing one of your partners when she was pregnant.

You were also convicted of three separate charges of very serious sexual abuse of your victims and which included two rapes.

Your victims spoke of how toxic and manipulative you were towards them, and of your extreme sexual assaults. It was very clear from that powerful evidence and from the victim statement I have read that your abuse has had a profound effect on them.

The Criminal Justice Social Work Report (CJSWR) prepared for this morning’s sentencing records that you take no responsibility for your actions and completely deny all the allegations. In terms of risk, you were assessed as requiring a very high level of intervention, with a “High” risk of imminent partner violence or physical harm, and were at medium risk of sexual re-conviction.

That is of concern to this court and will be reflected in the sentence I will impose.

You have a significant and lengthy record of previous convictions with no significant period of desistance evidence other than when you were serving custodial sentences.

I have had regard to what has been said on your behalf in mitigation as well as the physical and mental health issues identified in the report and in the neuropsychology report I was provided this morning. That makes it clear that you have a long history of violence which both pre and post dates the injury that resulted in the diagnosis of PTSD.

The sentencing guidelines relevant to this case requires that I must balance the need to protect the public, punish offenders and mark the courts disapproval of behaviour such as yours, along with issues of rehabilitation and the opportunity to make amends. In your case your behaviour is so serious only a lengthy custodial sentence is appropriate.

I am also satisfied that given the level of risk identified in the CJSWR, the normal period of licence to which you would be subject following your release from custody would not be adequate to protect the public from the risk of serious harm that you present.

In respect of the six charges of which you were convicted, I intend to impose a cumulo custodial term but I'm required to state what sentence I would have imposed had the offences stood alone:

In relation to charge 8 – a charge of a course of abusive behaviour of your partner – 3 years

Charge 9 – a charge of rape – 5 years

Charge 10 – also a charge of rape – 5 years

Charge 13 – also a charge of a course of abusive behaviour of a partner – 3 years

Charge 26 – a charge of threatening and abusive behaviour – 1 year

Charge 27 – a charge of sexual assault to injury – 3 years.

It is a fundamental principle that sentences should be no more severe than is necessary to achieve the appropriate purposes of sentencing in each case. It is therefore necessary to adjust these to reflect that consecutive sentences would result in too severe a sentence to achieve those purposes.

I will accordingly impose a headline cumulo sentence with a sentence totalling 13 years comprising a custodial sentence of 10 years and an extension period of 3 years.

Your period of remand on this matter was interrupted by a sentence imposed in October 2022. The earliest date for release from that sentence was 23 April 2023 so the sentence I'm imposing today will be backdated to that date. In addition I require to give you credit for the 20 days you were on remand before that sentence which is the equivalent of a 40 day sentence.

Accordingly the custodial element of the sentence will be 10 years less 40 days i.e. 9 years and 325 days with the extension of 3 years, all backdated to 23 April 2023.

NHO - the Crown seeks these for an indefinite period and these are not opposed by you. I have not been asked to adjust the terms of the NHO as there is no ongoing contact between yourself and the children with the victim of charges 8, 9 and 10.

Accordingly in relation to both victims you will not, for an indefinite period contact, approach or communicate with, or attempt to contact, approach or communicate with them, by any means either directly or indirectly.

You will remain subject to the notification requirements applicable to sex offenders for an indefinite period, and your name will be added to the lists of persons deemed unsuitable to work with vulnerable groups."