SENTENCING STATEMENTS

On sentencing, Judge Erroch KC made the following comments in court:

"Ross Brogan, on the first day of a trial diet on 5 January 2026 you pled guilty to six charges of sexual offending involving four teenage boys. The plea was offered just before Christmas.

The first complainer was (on charges 1, 4 and 5), the second complainer (on charge 2), the third complainer (on charge 3) and the fourth complainer (on charge 8).  You came to know the first complainer as a family friend.  The second and third complainers were friends of the first complainer.  The fourth complainer was not connected to the first three complainers, but came into contact with you via social media.   

I do not propose to rehearse the full catalogue of your offending.  It is sufficient in these sentencing remarks to note that the offending in relation to the first complainer involved, among other things, your adopting an assumed identity on social media. Using that assumed identity, you induced a 13-year old boy to send numerous sexually-explicit still and moving images of himself to you in exchange for payment in the form of X-box tokens and cash. When the complainer became worried about these requests, and not knowing that they were in fact coming from you, he confided in you in person. After that, when visiting him at his family home, you committed various acts of indecency with him, culminating in you performing oral sex on him and orally raping him. 

I pause there to observe that it is difficult to imagine a greater abuse of the trust which had been placed in you as a family friend. It is difficult to conceive of a more calculated course of deceit and manipulation.

In relation to the second complainer, you asked a 12-year old boy to send you pictures of his penis and threatened that you would hurt him and his family if he refused.  He sent you an image of himself in his underwear and was paid in PlayStation codes.

In relation to the third complainer, you asked a 13-year old boy to send you pictures of his penis in exchange for X-Box codes. He sent you an image of himself in his underwear and you sent him indecent images, including of a male masturbating. He was paid in X-Box codes.

In relation to the fourth complainer, a 15-year old boy, you and he connected on social media, leading to an occasion when you took him back to your house and, after some hours, asked him if he wanted oral sex.

Submissions of Counsel

I have listed very carefully to all that has been said on your behalf by your Counsel, Miss Bailley.

She asks me to take into account, in particular:

• Your lack of criminal record;
• The fact that you have previously lived a pro-social life; and
• The fact that you wish, through her, to express your contrition and apology.
  

Justice Social Work Report

I have had regard to the terms of the Justice Social Work Report (JSWR) which I ordered. 

There are aspects of that report which cause me concern:

• You suggested to the author of that report that when you, using your assumed identity, asked the first complainer to send you explicit images, you did so as a ‘joke’.
• You maintained that the sexual acts the first complainer carried out on video were consensual.
• You suggested that the first complainer had given an inaccurate account of his oral rape by you in order that he appeared to be ‘less participating’ for the benefit of his parents.
• You suggested that it was the second complainer who asked for money in exchange for sending you explicit images, rather than acknowledging that it was you who made the request; and suggested that he had fabricated an account of you making threats.
• You appear to have denied that you knew that the fourth complainer was 15 and to have denied that you offered to perform oral sex on him.

Having said that, Miss Bailley tells me that you now draw back from any comments which you made to the author of that report; and that you accept your guilt on the basis of the facts previously narrated.

Sentencing process

I have to assess the seriousness of your offending. This involves an assessment of culpability and harm which was caused, or which potentially could have been caused, by your offending. You are a mature man who chose to act as you did: your actions were clearly planned, were calculated and were the opposite of spontaneous. Your actions were repeated and took place over a period of time. Your culpability in relation to all offending was high. 

In terms of harm, you targeted individuals who were vulnerable because of their youth.  I have had regard to the Victim Statements submitted by the first three complainers.

The harm to all three of these complainers was significant. 

Whilst no Victim Statement was submitted by the fourth complainer, I take into account the potential for distress which exists in relation to a charge of the nature of the charge involving him.   

Therefore, the offences of which you were convicted all fall be regarded as serious crimes.  The most serious offending was, of course, in relation to the first complainer; and the charge of oral rape involving him is the most serious charge of all.  That will be reflected in sentence.

Aggravations

I have had regard to all of the aggravations, in particular:

• In relation to the first complainer, the egregious breach of trust involved the various crimes you committed against him – you being a person with whom, as a family friend, he ought to have been safe.
• The fact that the most serious offence involving him, the oral rape, took place in his own home – again, a place where he ought to have been safe.
• The fact that there was a significant degree of grooming of that complainer, directed at your own sexual gratification.
• The fact that your offending against that complainer involved a considerable amount of planning and deception.
• In respect of all complainers, the fact your actions were not spontaneous but premeditated.
• In respect of all complainers, the fact that that they were vulnerable on account of their youth and presumed lack of maturity.

The following are also aggravations:

• You displayed to the author of JSWR a tendency to minimise your offending and to seek excuse your behaviour.
• You engaged in what the author of the JSWR described as ‘victim-blaming’.

Mitigation

I have taken into account the mitigating factors, in particular:

• You have no previous convictions
• You have previously lived a pro-social life
• You have expressed contrition and apology today
  

Sentence imposed

In sentencing you today, considerations of punishment, deterrence, public protection and expressing societal disapproval are primary considerations. 

I do not leave out of account prospects for your rehabilitation, but this is a lesser consideration.

Extended sentence

I have considered whether or not to impose an extended sentence.

I am not bound by any risk assessment contained in the JSWR and am able to form my own judgement on the matter.  Given the nature of the offences of which you have been convicted, which include serious contact offences, the number of victims against whom you offended, the age of your victims and period of time during which you offended, I am satisfied that the normal period of licence to which you would be subject following upon your release from custody would not be adequate to protect the public, in particular teenage boys, from the risk of serious harm that you are likely to continue to pose.

In my judgment, the criteria for an extended sentence are met; and that is the sentence I shall impose.  The sentence is an in cumulo sentence in respect of all the charges to which you pled guilty.

You will serve a total sentence of 13 years 6 months. The first part of the sentence will be served in custody. That will be a period of 10 years 6 months. Had you not pled guilty that period would have been 11 years.

Any reduction in sentence is at my discretion.  I have allowed only a modest reduction in sentence (6 months) on account of your guilty plea, given the fact that the plea was tendered after the four complainers had had to give evidence at Commissions.  The utilitarian value of your plea was therefore limited.

The second part of the sentence will be served in the community.  From the date of your release, you will be under licence for an extension period of 3 years. 

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 conditions of your licence will be fixed by Scottish Ministers. 

Explanation of sentence

I am required by law to explain that, if I had to sentence you in respect of each of these charges individually, in isolation from the other charges, I would have judged the following headline sentences to be appropriate, before any modest reduction in respect of your guilty plea:

Charge 1:  3 years

Charge 2:  1 year

Charge 3:  18 months

Charge 4:  3 years

Charge 5:  9 years

Charge 8:  3 months

Totality Principle

Having regard to the length of the overall period which would have resulted if I had imposed a separate sentence in respect of each charge;

Having regard to the substantial overlap in time between the offences involving the first three complainers;

and having regard to the fact that the first complainer featured in more than one of the charges, the cumulo sentence which I have imposed is appropriate.

Backdating

Sentence will be backdated to 5 January 2026, the date you were remanded in custody in relation to this matter.

Ancillary matters

Non harassment orders

I shall also impose non-harassment orders on you.  The Crown has moved for such orders and they are not opposed.  I am satisfied that it is appropriate to make such orders to protect the first three complainers from harassment.

Notification requirements of the Sexual Offences Act 2003

I told you on 5 January 2026 that your convictions mean that you are subject to the notification requirements contained in the Sexual Offences Act 2003.  I told you that I would advise you at today’s sentencing diet of the length of the notification period.

As a consequence of the sentence I have passed today, you will be subject to the notification requirements for an indefinite period.”

3 February 2026