HMA v MICHAEL TUPPER

At the High Court in Glasgow on 9 February 2015, Lady Scott sentenced Michael Tupper to 10 years imprisonment after the accused was convicted of rape and sexual abuse.

On sentencing, Lady Scott made the following statement in court:

“Mr Tupper you have been convicted of 14 charges on this indictment involving a serious course of violent conduct and sexual abuse including penetrative abuse and rape.

Between 2004 and 2009 you assaulted your first victim on various occasions including detaining her in your flat. On one occasion you attempted to rape her, on two occasions you indecently assaulted her by anal penetration and on another occasion you raped her.  She tried to fight back until – in her words – it came to a point when she just didn’t.

You assaulted your second victim on various occasions in 2009 including pushing her to the ground and repeatedly kicking her on the body. On one occasion you anally raped her.

Your third victim was assaulted by you on various occasions between 2013 and 2014, including threats of violence and intimidating her. On one occasion you sexually assaulted her by digital penetration.

You’re conduct is manipulating and violent. You clearly pose a danger to any woman unfortunate enough to enter a relationship with you. Rape or sexual assault within a relationship involves a serious breach of trust.

I take into account that your violence appears to be related to excessive drinking, and that despite the difficulties in your background you have been hard working and you have tried hard to make something of yourself.  You have a supportive family. Your record is minor and the most recent offending took place after you had lost a child, which has had a devastating affect upon you. I note too, that you are now the father of another young child.  

I am satisfied that you present a real risk of serious harm to women and that it is necessary for the protection of the public to impose an extended sentence. An extended sentence consists of the appropriate term of imprisonment and an extension period whereby your release on licence is extended for that period. The effect is that, if, during that period, if you breach the conditions of your licence, your licence may be revoked and you may be recalled to prison by the Scottish Ministers, with or without consultation with the Parole Board.

Balancing all of these factors I sentence you to the following:

On charges (1) to (8) at common law, I sentence you to a cumulo period of five years imprisonment;

On charge (9) I sentence you to a total extended sentence of five years, which comprises a custody period of three years and an extended period on licence of two years

On charge (11), I sentence you to 12 months imprisonment, to run concurrently to the sentence imposed on charge (9);

On charge (12) I sentence you to 12 months imprisonment and on charge (14) I sentence you to two years imprisonment – these sentences to run concurrently with each other;

On charges (13) and (15) you are admonished.

The sentences of imprisonment imposed for charges (1) to (8); charges (9) and (11) and charges (12) and (14); are imposed consecutive to each other.

Accordingly your total sentence is one of 10 years imprisonment – which is backdated to 27th June 2014 – and two years extended period on licence.

You will be placed on the Sex Offenders register for an indefinite period.”