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.
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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.
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 Kenneth Morrison
Aug 6, 2021
On sentencing Lord Matthews said:
"You pleaded guilty to three offences involving sexual conduct towards three young boys. The first of the complainers was 13 at the time and you engaged in mutual masturbation. The second was 15 and you masturbated him, performed oral sex on him, induced him to penetrate your anus with his penis and then penetrated his mouth with yours, albeit for a short time. The third was also 15 and you masturbated him and induced him to penetrate your anus with his penis. Who knows what effect this will have on them as they grow up?
I have considered the terms of the report and listened to what has been said on your behalf by your Counsel. I accept that you have been a victim of sexual misconduct by adults and that the conduct you perpetrated was consensual but these were children who were too young to consent in any meaningful way. The law has to protect them.
You knew, as you told the police, that what you were doing was illegal and yet you persisted.
Had there been only one episode I could have been persuaded that a non-custodial disposal was appropriate but given the repeated offending I cannot take that view. As your Counsel said these were extremely serious offences.
However, I must take account of the fact that you yourself are young and that you pleaded guilty at an early stage. The sentence therefore will be much less than it would have been had you been an adult.
Had you gone to trial the sentence would have been detention for two years in cumulo, that is in respect of all the offences together. Given your plea it will be detention for 16 months.
You will be subject to the notification provisions of the Sexual Offences Act 2003 for 10 years."
6 August 2021