HMA v KEVIN BRYANT

On 15 May at the High Court at Edinburgh Lord Doherty imposed an extended sentence of 8 years and 6 months on Kevin Bryant after he pled guilty to sexual assault and rape. Sentence consisted of a custodial part of 5 years and an extension period of 3 years and 6 months.

15 May 2013

On sentencing Lord Doherty made the following statement in court:

“You have pled guilty to the sexual assault and rape of a young woman who had just turned 18 years of age. You were three years older at the time. You used force to get what you wanted. Your victim continues to suffer psychologically as a result of her ordeal. 

This is not the first occasion you have committed a sexual offence. On 1 March 2009 you indecently assaulted a 20 year old woman by grabbing hold of her, pushing her against a wall, restraining her by using bodily pressure, touching her on the bottom, and uttering threats relating to vaginal and oral intercourse. On 22 September 2010, at Perth Sheriff Court, you were sentenced to 6 months detention for that offence. On 23 November 2010, on appeal, because in particular you were aged only 17 at the time of the offence, the Appeal Court substituted a period of two years probation with a special condition that you attend an appropriate sex offenders programme and a further condition that you carry out a period of 240 hours unpaid work in the community. As a result of your failure to comply with the probation order it was extended and is not due to expire until 8 June 2013. You were accordingly on probation at the time of committing the offence for which I have to sentence you today.

I take account of your age and of all that has been said on your behalf. I take account of the fact that your plea of guilty has had some utilitarian value. However I am in no doubt that I require to pass an extended sentence.

Had you not pled guilty at the first Preliminary Hearing the sentence I would have imposed would have been an extended sentence of 10 years imprisonment with a custodial part of 6 years 6 months and an extension period of 3 years 6 months. In view of your plea of guilty I shall impose an extended sentence of 8 years and 6 months with a custodial part of 5 years and an extension period of 3 years and 6 months. That sentence will be backdated to 28 November 2012, the date you were first remanded in custody in respect of other charges which were included on the same indictment but in relation to which the Crown has accepted your pleas of not guilty. 

You were given notice of the notification requirements which you must comply with under Part 2 of the Sexual Offences Act 2003 on 17 April 2013. Those requirements apply to you from 17 April 2013 and shall continue to apply to you indefinitely.”

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