HMA v JOSEPH MARTIN McMULLAN

At the High Court in Edinburgh on 9 December 2014, Lord Uist sentenced Joseph McMullan to seven years imprisonment after the accused was convicted of rape, attempted rape and indecent assault.

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

“Joseph Martin McMullan, you were convicted by the jury at Dumbarton High Court of a charge of attempted rape, a charge of indecent assault and a charge of rape, the victim in each charge being a different woman. On the first of these charges you attacked a woman visiting your house by violently pushing her into your bedroom and onto your bed, partially removing her clothing, committing indecent acts against her and attempting to rape her. You failed to do so when two other people walked into the room. On the second charge you took a woman visiting your house on a car journey to buy drink and indecently assaulted her on the return journey. Fortunately she was able to bring the assault to an end when she escaped from the car. On the third charge you had sexual intercourse with a sleeping woman who sought refuge in your house after an argument with her partner.

You denied having committed these offences in your evidence and subsequently to the social worker who carried out a report on you to this court. You have shown no remorse for what you did. You have blamed your victims for your present situation and see yourself as a victim.

You are now 51 years of age. You have three minor previous convictions, all of which resulted in fines. I have considered the criminal justice social work report on you and all that has been said on your behalf in mitigation. Your attitude to women as demonstrated both in your evidence and in what you said to the social worker is quite deplorable and in my opinion provides, at least in part, an explanation for these crimes.

A substantial prison sentence is required to mark the gravity of the crimes of which you were convicted. On charges 5, 6 and 7 taken together the sentence which I impose is seven years imprisonment from 11 November 2014. As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”