SENTENCING STATEMENTS

On sentencing, Lord Cubie said:

"You were found guilty of two separate charges one of assault with intent to rape and one of attempted rape. These took place in the same day moments apart.

The jury saw from CCTV the precise moment that you identified the first complainer then aged 15, as you changed direction to follow her. You then attacked her, marching her against her will to a secluded area and tearing her underwear as you tried to remove her clothing. You were interrupted and you fled. But undaunted you almost immediately identified another target, this time an 11 year old, and again took her forcibly from a main road into a more secluded spot where you removed her lower clothing before being literally kicked off her by a neighbour who had heard the victim’s screams as she fought back; You again fled and when confronted brazenly denied any involvement.

The attacks must have been disorientating and then terrifying for the victims; the realisation of what happened was hugely upsetting for the families of these children and these events were very concerning for the wider community, consisting as they did of two attacks in broad daylight in a populated residential area where only the intervention of people who heard the incidents prevented the escalation of what were already serious matters in to something worse. These were shocking offences.

The victim impact statement prepared by her mother for the second victim confirms that the effects were devastating for both her and for the wider family. You took her independence, her security, and to a real extent, her childhood. The first victim will have had similar consequences.

The helpful justice social work report identifies properly the seriousness of the offending and records your attitude to it. Although you are given credit for some acknowledgement of your conduct in relation to the first offence, you maintain the position that this was a case of mistaken identity, an account which goes nowhere toward explaining your conduct towards the victim. You maintain your denial of any serious wrongdoing against the second complainer, an account totally divorced form the reality of what the jurors heard. Her friend had immediately realised the danger you posed and ran for help. So there is a limit to your acceptance and understanding of what you have done. And you are assessed as being at high risk of reoffending sexually, a matter of real concern.

I have listened carefully to defence counsel’s helpful submission. He has said all that could be said on your behalf.

I have read the references provided. It is difficult to reconcile the person described with the events of the evening concerned. I recognise the absence of a record and that you have been able to contribute to society by working and providing family support, and by volunteering. Your family and wider network appeared to provide a comfortable, stable and supportive upbringing;  the references make plain your personal resources; it makes the conduct very hard to understand; I accept that it was out of character, although plainly your drinking and drug taking were contributory factors, a matter entirely within your control and your responsibility.

In sentencing I take into account the sentencing guidelines which are applicable; the principles and purposes, and the process, as well as the young persons’ guideline. The exercise of sentencing a young person is different from that of sentencing an older person, in particular because a young person will generally have a lower level of maturity, and a greater capacity for change and rehabilitation, than an older person.

This means I have to have regard to your maturity at the time the offence was committed. Young people are generally less able to exercise good judgement when making decisions; there is in your case no element where you were subjected to peer pressure or some kind of exploitative relationship, but I do recognise that in carrying out these attacks, you thought less clearly about what could happen as a result of your actions, including the impact on any victim and others affected by those actions; and you took more risks. As a consequence I recognise that your culpability is lower than that of an older person who is to be sentenced for the same, or a similar, offence.

The purposes of a sentence include protection of the public; punishment; rehabilitation of offenders; giving the offender the opportunity to make amends; and expressing disapproval of offending behaviour.

In this case the nature and extent of the behaviour, the fact that there  was more than one complainer, the fact that these attacks were on young girls, one 15 and one 11 and the threat of or attempt to rape in daylight hours in a residential area which together with the injuries inflicted means that the custody threshold has been clearly passed; that means that the considerations about rehabilitation affect the length of sentence only. While I recognise that neither assault concluded in a rape, that was matter of intervention by others and not through any restraint or reflection on your part.

I will impose a non-harassment order in relation to each complainer whereby you must approach, contact or communicate with each complainer for an indefinite period.

So far as sentence is concerned, culpability is high; harm is high; the purposes of punishment and condemnation of your behaviour outweigh other sentencing purposes. I must impose a sentence of imprisonment.

I also recognise that the guidelines provide that if a custodial sentence is imposed on a young person, it should be shorter than that which would have been imposed on an older person for the same, or a similar, offence in order that rehabilitation and integration can begin at an earlier date, and these are taken into account in the sentence imposed.

I propose to impose a cumulo sentence, that is a sentence which covers both offences since this was effective one continuing offence with two specific episodes. The sentence will be in two parts. I am satisfied that the statutory test is met for an extended sentence because of the risk which you pose

The first part of the sentence is an immediate custodial period of six years and nine months imprisonment. That is not the end of the sentence; I impose an extension period of two years; that extension period will be served in the community from the date of your release you will be under licence for an extension period of two years. The condition 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 whilst on licence

You will subject to the notification requirements of the sexual offences act for an indefinite period.

The sentence of the court is accordingly an extended sentence of eight years and nine months, with a custodial part of six years and nine months, which will be backdated until the 10 September 2025 when you were first remanded in custody."