HMA v ROBIN PORTER

At the High Court in Aberdeen today, 11 September 2014, Lord Matthews sentenced Robin Porter to 10 years in prison after he pleaded guilty to assault and rape of three women.

On sentencing, Lord Matthews made the following statement in court:

“Robin Porter, you pleaded guilty to raping two women twice and to raping another woman on one occasion, a total of five instances of this appalling crime. This conduct occurred between 1 May 2007 and 25 November 2012. In addition you violently assaulted each of these women, the first on various occasions between 1 April 2006 and 10 January 2007, the second on one occasion between 1 March and 30 April 2008 and the third on 25 May 2013. These assaults were not on the same occasions as the rapes.

I have listened carefully to all that has been said on your behalf by your Counsel and have had regard to the information contained in the Criminal Justice Social Work Report and the Tay Project Assessment Report. I have also seen a Victim Impact Statement written by the first of your victims.

You have a record which consists mostly of dishonesty and offences under the Misuse of Drugs Act and the Road Traffic Act. In addition there is one sexual offence in 2005 but I accept what your Counsel had to say about that on the last occasion when you appeared. It is plain on any view that your record pales into insignificance compared to the catalogue of offending which brings you here.

Each of the charges of rape has a number of unusual features and I take all of that into consideration, particularly in relation to my assessment of the type of disposal which is appropriate. The fact remains however that you are a danger to women and the only disposal which I can impose is a lengthy prison sentence. In order to protect the public, and in particular women who may form a relationship with you in the future, from serious harm as a result of your conduct I propose to pass an extended sentence. I note that you accept that that is appropriate. The sentence will be in two parts. The first part will be a custodial element, during which you will be imprisoned. Your release from that will not be the end of your sentence because thereafter, in what is called the extension period, you will be subject to conditions which will be set in due course by the Scottish Ministers. Breach of these conditions may see you returned to prison to serve the remainder of your sentence.

The custodial element will run from 10 September 2013. Had this case gone to trial it would have been for a period of 11 years. In view of your plea, which came at an adjourned trial diet, I shall reduce that to 10 years.

The extension period will be 5 years.

I have already directed that the Scottish Ministers be notified of your conviction in terms of the Protection of Vulnerable Groups (Scotland) Act 2007. I have also certified that this case attracts the notification provisions of the Sexual Offences Act 2003. That will be for an indefinite period.”