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 Gavin McBryan
Aug 30, 2022
On sentencing, Lord Doherty said:
"Gavin McBryan, you have been convicted of the rape of three women, and of contraventions of sections 5 and 6 of the Sexual Offences (Scotland) Act 2009.
I have listened carefully to all that has been said on your behalf. I take account of your lack of maturity at the time of the offences - you were aged between 18 and 19. You are now aged 22. You have only one previous conviction, which was at summary level and was not for a sexual offence. Like the complainers, you were living in supported accommodation at the time. You have a number of difficulties, including Asperger’s Syndrome, Adult Attention Deficit Hyperactive Disorder, and cerebral palsy. The cerebral palsy symptoms are relatively mild. The Criminal Justice Social Work Report records that you had a problematic childhood and adolescence.
The crimes you have been convicted of are very serious indeed. Each of the women you raped was vulnerable. Notwithstanding your own difficulties, I am in no doubt that you are intellectually more able than they are. Your behaviour was abusive and, particularly in relation to charges 2 and 3, predatory. Even allowing for your youth, and your difficulties, a substantial sentence is required. I am also satisfied that an extended sentence is necessary in order to protect the public, and in particular vulnerable women, from serious harm from you.
I shall pass a cumulo sentence for these offences. In my view the appropriate headline sentence is an extended sentence of 9 years and 3 months made up of a custodial term of 6 years and 3 months and extension period of 3 years. Three months of that custodial term is for the bail aggravation. I require to take into account the time which you were on remand, between 12 June 2019 and 8 December 2020, a period of 17 months and 26 days, and from 2 August 2022 until now. I will do that by backdating the sentence to a date 17 months and 26 days before 2 August 2022, that is, to 6 February 2021.
You will also be subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for the remainder of your life.”