SENTENCING STATEMENTS

On sentencing, Judge Pattison told O’Neill:

“You have been brought back to court for sentencing due to the serious nature of your conviction and your age. I required a report from the social work department and a risk assessment before I could determine your sentence. The social work report, once it was available, recommended that I call for a psychological assessment which is now available.

You were found guilty of the rape of the complainer. You met her in a club in Glasgow on 20 January 2024 when she was on her own and intoxicated. There was consensual kissing between you in the club and you then left together. You said you would help her look for her friend and suggested that you go somewhere more private. She said in evidence that she was happy to kiss you but not to engage in any other sexual activity.

Video evidence showed you both in Sauchiehall street and kissing, again consensually, in various doorways. She did not remember that happening.

You took her into Sauchiehall Lane. She said she wanted to leave but was not sure how to get away. You pushed her against a gate and bent her over, you put the tip of your penis in her vagina and rubbed your penis against her vagina. She said she felt sick and frozen at this point.  You then pushed her to her knees in the lane and raped her orally, making no attempt to check that she was consenting. Towards the end of the incident she pushed you off and said that you had assaulted her and that she would go to the police.

You then left her and ran off and went back to the club to meet your friends.

You were opportunistic and to some extent predatory. You saw her on her own and took her to a secluded spot and raped her.

I have taken account everything said on your behalf and the report and assessments. I have also received a heartfelt letter from one of your family members who speaks of your vulnerability, good character and to your intellectual ability being lower than your chronological age. I have been told that you were diagnosed with dyslexia at a young age. You have contributed to the success of your family business and engaged in a number of charitable endeavours. You are described as kind and thoughtful. There are deep concerns about your ability to cope with a lengthy prison sentence. It is obvious you have a loving and supportive family, partner and friends.

Moving to the social work I note that you do not accept any responsibility and blame your victim. It also suggests that you lacked insight into how your offending would impact your victim. 

The psychological assessment concurs that you appear less mature than your chronological age and the psychologist concluded that you function at a low level intellectually but that you do not have a learning disability though your dyslexia is a learning difficulty in your life. The psychologist concludes that you might be seen as more vulnerable than others your age but raises no significant issue about your level of understanding. He reports that your participation in either a programme or in individual offence-focussed work to prevent a repetition of your offending would be helpful.

In determining the appropriate sentence, I require to assess your culpability – how much you are to blame for what happened - and the harm you caused. In assessing your culpability I require to apply the sentencing young persons’ guideline and to take your age, intellect and maturity into account. This guideline was issued in recognition of the fact that young persons are not fully developed and are more prone to risk taking behaviours, less able to engage in consequential thinking and have a greater capacity for change and rehabilitation. I note that you present emotionally at a younger age and stage than your actual age.

Your lack of maturity reduces your culpability but only to a limited extent in this case. You acted deliberately in pursuit of a vulnerable young woman to satisfy your own desire and left her alone in the cold once you were finished. You targeted her in my view.

As to harm – I have read a statement from the complainer which details the impact of your conduct upon her. I am reluctant to describe it all publicly to protect her privacy but it is clear that what you did has had a long-term impact on her mental health, causing anxiety and trauma and difficulties in her relationships. She had to take time off work due to anxiety and had physical injuries in the form of cuts and bruises due to her falling in the lane and you forcing her to her knees. Your offending caused her psychological and physical harm.

Rape is a severe violation of the bodily integrity and dignity of the victim. Even in light of your youth I have concluded that a custodial sentence is the only appropriate disposal. You will however receive a lesser custodial sentence than you would if you were over 25-years-old. Under the guideline rehabilitation is a primary consideration in sentencing but not the only consideration. The protection of the public, the need to show society’s disapproval of your criminal conduct and the requirements of punishment and deterrence all have to be considered. I have concluded that only a custodial sentence is appropriate given the nature of the offence, your culpability and the harm you caused.

I have given consideration to the both the sentencing of young persons’ guideline and the general principles and purposes of sentencing guideline.

You took her to a secluded space and used of a degree of force to put her on her knees. You then left her. I note and should make clear that although you were convicted of one charge it included two offences of rape and also the offence of attempted rape, all occurring in the one incident.

You are young and obviously impulsive and disinhibited when you drink. The social worker concludes that there is a high risk of reconviction for sexual offences. This is largely based on the nature of this offence – including the fact that your victim was a young woman you had literally just met.

I have concluded that an intervention in your life is necessary to prevent you remaining a high risk of sexual reconviction. I am satisfied that the test for extended sentence is met and this means that I will impose a sentence with two parts. The first will be custodial and will be backdated to the date of your remand in this case. The second will be the extension period in which you will be on licence on release for the protection of the public. The conditions of your license will be set by the Scottish Ministers. If you offend during this period you may be recalled and returned to prison.

This extension will protect the public but also contribute to your rehabilitation and allow you to complete the Moving Forward, Making Changes programme which will help ensure, with the support of your family, that you do not offend again and that you can rebuild your life.

There will be an extended sentence of 6 years and 6 months, 5 years of this will be served in detention - and this will be backdated to 20 November 2025: there will thereafter be an 18-month extension period.

Even after committing an offence of this nature, having served your sentence and completed the available programmes I believe you can still make a contribution to society and rebuild your life with your family’s support.

I require to remind you that you have been convicted of a sexual offence to which Part 2 of the Sexual Offences Act 2003 applies, and that you will be placed on the Sex Offenders’ Register for an indefinite period.

You will be given details of the notification requirements with which you must comply.  I shall also direct the clerk of court to intimate details of your conviction to the Scottish Ministers in terms of section 14 of the Protection of Vulnerable Groups (Scotland) Act 2007.

I will also impose a non-harassment order which will mean that you must not approach or contact or attempt to approach or contact the complainer for an indefinite period.”

 29 January 2026