HM Advocate v AB [2015] ScotHC HCJAC_106 (18 November 2015)

HM Advocate v AB [2015] ScotHC HCJAC_106 (18 November 2015)

The sentence of three years imprisonment for oral rape of a 14-year-old child by an adult in a position of trust was unduly lenient, as it fell outside the range reasonably open to the trial judge, given the gravity of the offence, the breach of trust, the age difference, and the lack of remorse. A sentence of five...

Source-derived case information.

Citation
[2015] ScotHC HCJAC_106
Parties
Appellant: Her Majesty’s Advocate; Respondent: AB
Jurisdiction
Scotland
Judgment Date
18 November 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence increased
Legal Topics
Rape, Sentencing, Undue Leniency, Sexual Offences Against Children, Position of Trust
Criminal Law Sexual Offences Rape Sentencing Undue Leniency Sexual Offences Against Children Position of Trust

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Parties

Her Majesty’s Advocate

Appellant

AB

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three years imprisonment for oral rape of a child was unduly lenient
  2. 2 Appropriate sentencing approach for oral rape under Section 1 of the Sexual Offences (Scotland) Act 2009

Ratio Decidendi

The sentence of three years imprisonment for oral rape of a 14-year-old child by an adult in a position of trust was unduly lenient, as it fell outside the range reasonably open to the trial judge, given the gravity of the offence, the breach of trust, the age difference, and the lack of remorse. A sentence of five years imprisonment is appropriate.

Court Disposition

appeal allowed; sentence increased

Orders

  • Original sentence of three years imprisonment quashed
  • Substituted sentence of five years imprisonment imposed