HMA v KEVIN STOREY

At the High Court in Edinburgh on 15 December 2014, Judge Paul Arthurson QC sentenced Kevin Storey to 12 years imprisonment with a three-year extension after the accused was convicted of charges of rape, indecent assault and assault.

On sentencing, Judge Arthurson made the following statement in court: 

“Kevin Storey, you were on 7 November 2014 convicted by the jury at Edinburgh High Court of five charges of assault, one charge of attempted rape, one charge of rape and one charge of indecent assault. In respect of the offences of violence against the second and third complainers, these offences took place over a prolonged period of years. In respect of two of the charges of assault, a very young child was your victim. With regard to your sexual offending, the attempted rapes libelled in charge 2 were committed against the second complainer on several occasions. The offences of rape and indecent assault against the third complainer occurred over periods of approximately eight and five years respectively and were committed by you on multiple occasions over those years. 

You effectively denied committing these offences in your evidence to the jury and you have continued to do so to the social worker who carried out the report now made available to the court. That report notes that your offences of violence and sexual violence have been committed over a lengthy period of years and confirms that you present a risk of serious future harm to women with whom you may form a relationship. You have demonstrated no substantial remorse for your offending. The evidence of the second and third complainers, which the jury clearly accepted, resonated throughout with the past and ongoing damage which you have inflicted on them. That damage was echoed by them in their victim impact statements which were made available to the court following upon your conviction. 

You are aged 48. You appear in this court as a first offender with a lengthy, honourable and unblemished record of police service in the Scottish Borders and elsewhere in the United Kingdom. As you stand before the court today, however, you must be well aware that your appalling crimes render you a disgrace to your former uniform. I have listened carefully to your counsel’s comments made this morning on your behalf in mitigation. She accepted that a custodial sentence would be inevitable having regard to the nature of these offences. I of course take all of her submissions into account in imposing the following sentence, and have further considered the very positive character references helpfully supplied to me on your behalf shortly prior to this morning’s hearing. 

In respect of charges 1, 2, 6, 10 and 11, comprising all of your offences of violence against the first, second and third complainers and against the child to whom I have already referred, sentence is one of three years imprisonment in cumulo, backdated to the date of your remand in custody, namely 7 November 2014. Then, in respect of charge 3, being the charge of attempted rape against the second complainer, you will serve a consecutive period of three years imprisonment. Finally, in respect of charges 7 and 9, being the charges of rape and indecent assault against the third complainer, because of the gravity of this offending which I have narrated briefly in these remarks, and to ensure that the public is adequately protected against the serious harm which you present when you are eventually released, I impose an extended sentence of nine years duration in cumulo on these charges, which sentence is in two parts. First, you will serve a custodial term of six years, which will run consecutively to the custodial periods which have already been imposed in respect of your other offences. But this custodial part is not the end of your sentence, because, second, from the date of your eventual release, you will be under licence for an extension period of three years. The conditions of your licence will be fixed by Scottish Ministers, with the assistance of the Parole Board for Scotland. If during this extension period you fail to comply with the conditions of your licence, it may be revoked by Scottish Ministers and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence. 

The aggregate of these sentences imposed by the court today therefore in respect of the charges to which I have referred comprises a total custodial term of 12 years with a three-year extension period, all as I have already described, commencing from 7 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.”

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