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.
Follow us if you wish to receive alerts as soon as statements are published.
Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk.
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 Graeme Ross Gate
Oct 27, 2026
Upon sentencing, Lord Arthurson made the following remarks:
"Graeme Ross Gate, at a preliminary hearing at Glasgow High Court on 8 September 2026 you tendered a guilty plea to a single charge libelling the contravention by you on 23 August 2025 at MacGillivray Court, Culloden, Inverness, of section 1 of the Sexual Offences (Scotland) Act 2009, in that you raped and digitally penetrated a young woman who was a stranger to you, taking advantage of her then vulnerable condition in order to do so, all to her injury.
"You are now aged 35. You have to date served one prison sentence, in 2025, and accrued some 15 groups of previous convictions, one at sheriff and jury level for being concerned in the supply of the class A controlled drug cocaine and another on indictment in 2009 for assault. You also have five previous convictions for domestic offending.
"I have listened with care to the submissions in mitigation which have been advanced by your counsel this morning, and note in particular what has been said regarding the timing of your guilty plea; your personal and family circumstances; the non-analogous nature of your criminal record; your history of the misuse of drugs and alcohol; what has been described by your counsel as your impulsive behaviour on this occasion; and your expressed remorse.
"This was a predatory offence of sexual violence on your part upon a highly vulnerable young woman who was entirely unknown to you. You raped your victim and assaulted her sexually by digital penetration, spitting on or licking her vagina. The agreed narrative of facts makes plain, further, that you ejaculated. I have read and considered carefully the impact statement prepared by the complainer in this case. It is highly articulate and captures what I can only describe as the severe trauma of her experience of this appalling crime. The damage caused by you to your victim has been in my view devastating, and is enduring. I have determined that the index offence can properly be located under reference to the relevant sentencing guideline as being of Level A culpability and towards the upper limits of Level 2 harm. You, of course, in addition, have a non‑analogous but nevertheless significant criminal history.
"In these circumstances I select a headline notional custodial period of 10 years in this case, which I require to reduce due to the timing and utility of your guilty plea to a period of 7 years and 6 months imprisonment. I have considered the terms of the risk assessment material which is now available in respect of you, and looking at the whole picture, in particular what is said therein regarding your risk of sexual reoffending and the fact that you have no history of analogous offending, have concluded that the threshold test for the imposition of an extended sentence is not met in this case. You will undoubtedly require, however, to undertake significant offence‑focussed work while in custody, as you are directed, if you are to achieve a successful rehabilitation into the community in due course at the conclusion of this prison term.
"This sentence will be backdated to the date of your initial remand into custody in these proceedings, namely 1 September 2025.
"As a result of this disposal, I confirm that you will be subject henceforth to the notification requirements set out in Part 2 of the Sexual Offences Act 2003, for an indefinite period.
"Finally, the court pronounces a non‑harassment order in this case. You will not approach or contact, directly or indirectly, in any way whatsoever, or attempt to do so, the complainer in this case. This order will also run from today, for an indefinite period."
27 October 2026