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.
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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.
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Read more about victims of crime and sentencing.
HMA v Thomas McCann
May 29, 2026
Upon sentencing Judge Brown made the following remarks:
"On 27 April you were convicted on eight charges involving offences against three women.
"The first six charges, numbered 3, 4, 8, 9, 11 and 12 related to a woman with whom you were in a relationship for a number of years. You repeatedly raped her, repeatedly assaulted and injured her, including on one occasion inflicting severe injury and permanent disfigurement, and over a lengthy period subjected her to various other forms of physical and psychological abuse. The impact on her was apparent from the evidence of a police officer who interviewed her about these matters in 2023 and who said that she was at times so distressed as to be unable to speak. She told that officer that you had destroyed her life and had left her a wreck. She has since died but detailed victim impact statements submitted to the court by her brother and aunt confirm that your behaviour had a devastating impact on her.
"Charge 16 related to the rape of a different woman. You told her that a member of your family had gone missing while travelling, she was sympathetic, she invited you to her home for a chat and you took advantage of that opportunity to rape her. A friend who spoke to her the following day described her as shaking, distraught and crying and said that after this incident she was never the same person.
"The final charge, charge 19, related to a woman whom you didn’t know but who started speaking to you on a train when she was returning home to Clydebank after a night out in Glasgow. She was plainly vulnerable in that she was on her own, was young at the age of 19 - almost exactly half your age of 37, and was drunk. You persuaded her to go back to your flat and there raped her. When giving evidence about this matter at the trial she was so distressed that she struggled to speak about it.
"These are serious offences and the only appropriate sentence is a substantial period of imprisonment.
"I am imposing an extended sentence in terms of sec 210A of the 1995 Act as I am satisfied due to the nature of the offences, the pattern of offending against three different women and the assessment noted in the JSWR that you will a present a risk of serious harm to the public on your release, that an extension period after your release is necessary in order to provide additional protection to the public. This sentence consists of a custodial term and an extension period.
"If these offences or groups of offences against the three complainers had been prosecuted separately, appropriate custodial terms would have been as follows:
- in respect of charges 3, 4 and 12, the repeated rape of a partner – 7 years’ imprisonment;
- in respect of charges 8, 9 and 11, the physical and psychological abuse of the same complainer – 4 years’ imprisonment;
- in respect of charge 16, the rape of another woman – 6 years’ imprisonment; and
- in respect of charge 19, the rape of a young vulnerable woman – 7 years’ imprisonment.
"The total of these sentences is 24 years’ imprisonment which is excessive. That is accordingly reduced, in order to achieve a sentence which is fair and proportionate, to a custodial term of 12 years and an extension period of 4 years, resulting in an extended sentence of 16 years. In relation to the custodial term of 12 years, 6 months of that is attributed to the bail aggravation in charge 9. There is no additional sentence is respect of the aggravations in terms of the 2016 and 2018 Acts as the sentence takes account of them. During the extension period of 4 years you will be on licence on conditions fixed by Scottish Ministers and if you fail to comply with those conditions the licence may be revoked and you may be returned to custody. This sentence will run from 27 April of this year.
"As a result of this sentence you will be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period."
21 May 2026
