Rapist sentenced to community service

[Granny Danger]

57 minutes ago, Boo Khaki said:

I can't imagine though, that in specific cases the only factor taken into account is the date of birth. I mean, obviously the guidelines only come into effect if the convicted is under-25, but surely other background factors such as IQ, educational attainment, family history, and so on are taken into account as well?

To me it seems obvious that a 24 year old with a stable, normal, loving family background, no deprivation or lack of opportunity, no learning difficulties, no history of being a victim of abuse themselves, is an entirely different kettle of fish from someone who is 25+1 day with a life history featuring every horror imaginable.

Totally agree.

[ICTChris]

Sean Hogg, who was sentenced to community service after being convicted of raping a 13 year old girl, is now officially on the run, with a warrant out for his arrest after failing to appear in court on driving charges.

https://www.edinburghnews.scotsman.com/news/crime/sean-hogg-midlothian-rapist-who-walked-free-from-court-after-attacking-13-year-old-girl-reportedly-on-the-run-4249627

[Busta Nut]

I don't give a f**k what age these wee cúnts are, jail the fuckers

[No_Problemo]

20 hours ago, ICTChris said:

Sean Hogg, who was sentenced to community service after being convicted of raping a 13 year old girl, is now officially on the run, with a warrant out for his arrest after failing to appear in court on driving charges.

https://www.edinburghnews.scotsman.com/news/crime/sean-hogg-midlothian-rapist-who-walked-free-from-court-after-attacking-13-year-old-girl-reportedly-on-the-run-4249627

I’m not quite sure someone not turning up for court is quite as dramatic as “they are on the run.”

[Inanimate Carbon Rod]

12 minutes ago, No_Problemo said:

I’m not quite sure someone not turning up for court is quite as dramatic as “they are on the run.”

Unlawfully at large.

[MacDuffman]

Lawyer Donald Findlay. Guilty.

[Central Belt Caley]

His sentence has just been overturned today by the appeal court and there won’t be a retrial 

Edited October 11, 2023 by Central Belt Caley

[O_Kahn]

The apparent errors made by the original judge don't do much for the mooted idea of judge only trials in future.

The appeal court judges have fairly lambasted Lord Lake.

[superbigal]

Even Anwar the defence is quoted

"In this case, the procedure adopted was manifestly unfair and prejudicial to the defence and, on this basis the appeal had to succeed."

[MacDuffman]

Does this mean he's gulty but got off with it due to the Judge being a dick?

Why not try him again with a Jury?

Edited October 11, 2023 by MacDuffman

[Florentine_Pogen]

https://www.theguardian.com/uk-news/2023/oct/11/man-convicted-of-raping-13-year-old-girl-in-scotland-acquitted-on-appeal

"At an earlier hearing, Donald Findlay KC told the court that legal procedures used in Scotland to establish the guilt of a rapist had not been properly followed in his client’s case.

Findlay said Lord Lake had told jurors in his legal directions that the girl’s evidence could be corroborated by an account of a man who said she appeared to be “distressed” after the incident, which led to Hogg’s conviction.

The lawyer told the court that it was wrong for Lake to have told the jurors this. He told the court that the witness’s account of “distress” could not corroborate the girl’s evidence.

Findlay told the judges that Lake’s actions had resulted in Hogg being wrongfully convicted. He added: “My submission is that the jury was misdirected by the trial judge and it pains me to say this but there has been a very significant miscarriage of justice at the hands of the judge.”

 

Get that Lord Lake arsehole off to the glue factory, pronto..............................

 

 

[O_Kahn]

7 hours ago, MacDuffman said:

Does this mean he's gulty but got off with it due to the Judge being a dick?

Why not try him again with a Jury?

I think it means that such an arse was made of the first trial that it’s hard to tell. Sounds like the judge wrongly advised the jury, which led to them being more likely to reach a guilty verdict.

 

Setting aside the (understandable) emotion related to this case, it does sound like some catastrophic errors were made in the original trial. I wouldn’t have thought that appeal judges would take these steps very lightly.

[Ewanandmoreagain]

Can the lady not take a civil action out against him ?

[alta-pete]

3 minutes ago, Ewanandmoreagain said:

Can the lady not take a civil action out against him ?

I believe so. But that’d require her to go through the whole process again and fund it at her risk, which I expect she doesn’t have.

And then, even if the case was won, the young chap involved looks less likely to cough up any compensation than the (then) millionaire Goodwillie. You could understand if her steel had waned. 

[FK1Bairn]

On 11/10/2023 at 14:36, MacDuffman said:

Does this mean he's gulty but got off with it due to the Judge being a dick?

Why not try him again with a Jury?

It was ruled there was insufficient evidence for a conviction. If that's still the case then there can't be a retrial. 

Even if there was enough evidence for a retrial, the poor girl was raped, given Police a statement(s), presumably had internal swabs taken, gone over her statement(s) with the PF's at least once and then had to relive it again in court including being cross examined by the defence. 

Is it fair to put her through all that again?

[hk blues]

4 minutes ago, FK1Bairn said:

It was ruled there was insufficient evidence for a conviction. If that's still the case then there can't be a retrial. 

Even if there was enough evidence for a retrial, the poor girl was raped, given Police a statement(s), presumably had internal swabs taken, gone over her statement(s) with the PF's at least once and then had to relive it again in court including being cross examined by the defence. 

Is it fair to put her through all that again?

I suppose that would be her call but it's immaterial as there apparently isn't enough for a retrial anyway. 

Did I read this morning a private prosecution is being considered?

[ICTChris]

I think this case was discussed in a thread that’s now gone but Andrew Miller was sentenced to 20 years in prison for his abduction and abuse of a child in the Borders earlier this year.

https://www.bbc.co.uk/news/uk-scotland-67144375
 

The case caused some controversy due to the fact that Miller, who identifies as transgender, was dressed as a woman when he abducted the young girl and during his abuse of her. It’s not mentioned in the above report but the judge said in his remarks that Miller’s female presentation during the abduction was an aggravating factor.

The sentencing remarks are here - the second and third paragraphs of the remarks contain very distressing details so are worth skipping over.

https://judiciary.scot/home/sentences-judgments/sentences-and-opinions/2023/10/18/hma-v-andrew-miller
 

28 years isn’t long enough. People who commit crimes like this should be detained for life.

[RuMoore]

2 hours ago, ICTChris said:

I think this case was discussed in a thread that’s now gone but Andrew Miller was sentenced to 20 years in prison for his abduction and abuse of a child in the Borders earlier this year.

https://www.bbc.co.uk/news/uk-scotland-67144375
 

The case caused some controversy due to the fact that Miller, who identifies as transgender, was dressed as a woman when he abducted the young girl and during his abuse of her. It’s not mentioned in the above report but the judge said in his remarks that Miller’s female presentation during the abduction was an aggravating factor.

The sentencing remarks are here - the second and third paragraphs of the remarks contain very distressing details so are worth skipping over.

https://judiciary.scot/home/sentences-judgments/sentences-and-opinions/2023/10/18/hma-v-andrew-miller
 

28 years isn’t long enough. People who commit crimes like this should be detained for life.

And at the time it was posted someone on here claimed this was made up...

Despicable c**t deserves the worst treatment possible. 

[HibeeJibee]

On 19/10/2023 at 08:32, ICTChris said:

I think this case was discussed in a thread that’s now gone but Andrew Miller was sentenced to 20 years in prison for his abduction and abuse of a child in the Borders earlier this year. The case caused some controversy due to the fact that Miller, who identifies as transgender, was dressed as a woman when he abducted the young girl and during his abuse of her. It’s not mentioned in the above report but the judge said in his remarks that Miller’s female presentation during the abduction was an aggravating factor. The sentencing remarks are here - the second and third paragraphs of the remarks contain very distressing details so are worth skipping over. 28 years isn’t long enough. People who commit crimes like this should be detained for life.

 

On 19/10/2023 at 11:05, RuMoore said:

And at the time it was posted someone on here claimed this was made up...

Despicable c**t deserves the worst treatment possible. 

Man who abducted girl while dressed as woman bids to cut sentence - BBC News

Man who abducted and repeatedly sexually assaulted 11 year old girl while dressed as woman has bid to cut sentence considered

A man who abducted a primary school girl while dressed as a woman will have a bid considered to cut his sentence. Andrew Miller was jailed for 20 years with 8 years on license after subjecting the girl to a series of sexual assaults over 27 hours.

Lawyers for Miller, 53, also known as Amy George, argue the sentence was "excessive", and it put "too much weight" on his identity. Appeal judges will now consider those claims - and if he received "insufficient discount" for an early guilty plea.

Miller was jailed last year for the offences committed in the Scottish Borders in February 2023. He admitted charges of abduction, sexual assault, watching pornography in the presence of the child under the age of 13, and possessing 242 indecent images of children in May 2023. He was given an extended sentence in October last year, comprising 20 years in jail and a further eight on licence under supervision in the community.

An appeal court hearing in Edinburgh was told that Miller had lived as a woman for six years prior to the offence, and was now supporting other trans prisoners. Defence advocate Victoria Dow said: "The 28-year sentence was excessive having regard to the overall circumstances. "Nothing I say should be considered to be minimising the offence. "Clearly a substantial sentence was appropriate." She said Miller lived as a woman "for many years", and his "identity had been a factor throughout his life".

She added: "Too much weight has been attached to that factor. "It is clear the appellant has experienced psychological difficulties throughout his life. "This is his first offence for such a serious matter." She said he had also pleaded guilty at the earliest opportunity. "That's something Miller should be given some credit for," she said. "There were long periods where Miller lived his life and did not cause any harm. "He is not a persistent offender." She added that he wanted to understand why he had committed the offence.

Edited January 19 by HibeeJibee

[highlandmac]

4 hours ago, HibeeJibee said:

 

Man who abducted girl while dressed as woman bids to cut sentence - BBC News

Man who abducted and repeatedly sexually assaulted 11 year old girl while dressed as woman has bid to cut sentence considered

A man who abducted a primary school girl while dressed as a woman will have a bid considered to cut his sentence. Andrew Miller was jailed for 20 years with 8 years on license after subjecting the girl to a series of sexual assaults over 27 hours.

Lawyers for Miller, 53, also known as Amy George, argue the sentence was "excessive", and it put "too much weight" on his identity. Appeal judges will now consider those claims - and if he received "insufficient discount" for an early guilty plea.

Miller was jailed last year for the offences committed in the Scottish Borders in February 2023. He admitted charges of abduction, sexual assault, watching pornography in the presence of the child under the age of 13, and possessing 242 indecent images of children in May 2023. He was given an extended sentence in October last year, comprising 20 years in jail and a further eight on licence under supervision in the community.

An appeal court hearing in Edinburgh was told that Miller had lived as a woman for six years prior to the offence, and was now supporting other trans prisoners. Defence advocate Victoria Dow said: "The 28-year sentence was excessive having regard to the overall circumstances. "Nothing I say should be considered to be minimising the offence. "Clearly a substantial sentence was appropriate." She said Miller lived as a woman "for many years", and his "identity had been a factor throughout his life".

She added: "Too much weight has been attached to that factor. "It is clear the appellant has experienced psychological difficulties throughout his life. "This is his first offence for such a serious matter." She said he had also pleaded guilty at the earliest opportunity. "That's something Miller should be given some credit for," she said. "There were long periods where Miller lived his life and did not cause any harm. "He is not a persistent offender." She added that he wanted to understand why he had committed the offence.

That lawyer ought to be beaten through the streets