SENTENCING STATEMENTS

On sentencing, Lord Lake said:

"You have been found guilty by the jury of rape. You do not accept your guilt but I sentence on the basis of the verdict of the jury.

Rape is always a serious crime that has devastating and long lasting consequences for the victim but there are features of the attack on the victim here which are particularly reprehensible and increase your culpability. Your victim was young, very drunk and unable to look after herself. You took advantage of her in that state. It is significant that there were two of you carrying out the attack on her and it appears that you each watched while the other raped her. She was raped multiple times – vaginally, orally and anally. The jury found that you and your co-accused acted in concert so you are each responsible for all that was done. In the course of the attack, your co-accused said things to her which would have increased her degradation.

Your victim suffered a terrifying ordeal. The trial heard evidence of her state afterwards. She was so upset she would not allow others to help her and ultimately police had to restrain her for her own safety. Her suffering has lasted long after the attack. I have considered the Victim Impact Statement which indicates that the consequences are continuing and are significant.

This is not your first conviction although, as Mr Goddard pointed out on your behalf, you do not have an extensive record and have not been convicted of a similar crime. You have convictions for assault including one for which you were detained in a Young Offenders Institution. You have breached Restriction of Liberty Orders imposed following those assault convictions.  

By way of mitigation, Mr Goddard has outlined that you had a difficult and chaotic childhood with a notable lack of positive support and a period in care. There were many parts of your childhood that would be considered adverse experiences.

Your age means that the Sentencing Young People Guideline applies. I consider that there are age-related factors in what has happened which reduce your culpability to some extent. The social work report notes that you suffer from impulsivity and have poor problem solving skills. These are age-related. The report also notes that you lacked intellectual and emotional maturity at the time the offence was committed. The sentence I impose is therefore less than would be imposed on an older person. In addition, in selecting a sentence I must have regard to the desirability of rehabilitating you. It does appear from the social work report that there is some scope for rehabilitation. However, the report also notes that you present a high or very high risk of re-offending and that there is potential for you to cause serious harm to others. This means that the sentence must take account of the need to provide public protection in addition to marking disapproval of your conduct and punishing you.

In relation to risk in future, the report considers that you are suitable for an extended sentence. I agree. A custodial sentence is the only appropriate disposal in your case and I am satisfied that the period for which you would otherwise have been on licence would not be adequate to protect the public from serious harm from you when you are eventually released.

I therefore impose an extended sentence of 7 years and 6 months, which is in two parts.

The first part of the sentence is an immediate period in custody for a period of 5 and half years. This custodial term will be backdated to 3 May 2023

That period in custody is not the end of your sentence. The second part of your sentence will be served in the community. From the date of your release, you will be under licence for an extension period of two years. The conditions of your licence will be fixed by the Scottish Ministers. If, during this extension period, you fail to comply with the conditions of your licence, it may be revoked; and you may be returned to custody for a further period in respect of this case. The court also has power to deal with you if you commit another offence after your release and while you are on licence.

The nature of your offending is such that you are subject to the notification requirements of the Sexual Offences Act 2003. This is what is commonly known as the sex offenders register. The period for which you remain subject to these depends on the sentence. In view of the sentence I have imposed, you will be subject to these requirements indefinitely.

Finally the Crown seek a non-harassment order. In the circumstances, I consider that this is appropriate. I therefore make an order from preventing you from contacting or attempting to contact the complainer, directly or indirectly, by any means, for a period of 15 years."