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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.
Read more about victims of crime and sentencing.
HMA v Garry John Martin
Dec 21, 2021
On Sentencing, Lord Arthurson made the following statement in court:
Garry John Martin, on 22 November 2021 at Edinburgh High Court you were convicted by a jury on indictment of nineteen separate charges. In addition to two charges of animal cruelty, you were convicted of nine charges of assault, assault to injury and abduction and assault; one charge of using lewd, indecent and libidinous practices and behaviour contrary to section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995; two charges of indecent assault; three charges of rape; and one charge of rape to injury. Your offending has spanned almost thirty years and the present indictment encompasses nine complainers, your victims including children and adult females.
You are presently aged 51 and have accrued to date seventeen groups of convictions, one for violence at indictment level in 2016 and three for domestically aggravated offending in 2009, 2014 and 2015. The author of the criminal justice social work report and risk assessment has described your offending as being of a particularly vicious and callous nature, in which you have displayed a willingness to abuse and exploit anyone within your personal circle causing extensive and lifelong harm of the most serious kind.
You have exhibited, it is reported by the author, a significant lack of empathy for others, albeit you have displayed some insight into the violent offending of which you have been convicted. The author of the report has further described the index offending in your case as among the most serious ever seen by him in the course of his social work career. He has recommended, due to his assessment of the risk presented by you to intimate partners and children, the imposition of an extended sentence and further asked that consideration be given by the Court to an order for lifelong restriction.
The Court also has power to deal with you if you commit another offence after your release and while you are on licence. It is to be hoped that this extension period will contribute significantly towards your re-integration into the community in due course. It is plain from the terms of the risk assessment material before the Court that in your case the extension period will require to be a lengthy one.
The sentencing purposes of the disposals which I am about to impose are therefore respectively punishment, a reflection of social revulsion towards your crimes, deterrence and rehabilitation, and in the selection of the in cumulo custodial tariffs contained in these disposals I have additionally sought to take into account the important sentencing principle of totality.
Finally, as a result of this disposal, you will now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.
21 December 2021