HMA v Colin McKay

At the High Court in Edinburgh Lady Wolffe imposed an extended sentence of 10 years on Colin McKay after he was found guilty of a number of rapes and indecent assault. The sentence is composed of a custodial period of 8 years followed by an extended period on supervision of 2 years .

17 July 2015

On sentencing Lady Wolffe made the following statement in court:

"You have been found guilty after trial of three rapes and one indecent assault.

Two of the rapes were of a vulnerable young woman who lived in the same area as you then did. She was not personally known to you, but you knew her through mutual acquaintances. On the first occasion, you turned up at her door. You swiftly entered, removed the baby from her arms and raped her. You repeated this conduct a few weeks later, again raping her in her own home. You threatened her with violence if she ever mentioned what you had done.

The third rape of which you stand convicted was of a vulnerable girl who was then only 15 and in respect of whom you were in a position of trust. You exploited that position of trust and raped her in her own bed.

The indecent assault concerned the wife of a work colleague. On finding her alone in her house, you grabbed her and attempted to take her to the bedroom. You uttered indecent remarks to her. She resisted you and you refrained from any further sexual attack on that occasion.

While neither of the women you raped provide a victim impact statement, it was apparent from their evidence that each remained deeply traumatised by your misconduct toward them.

I have also had regard to your previous convictions, which are few in number. These concern theft and, of more concern, two assaults. These date back more than 15 years. You have never served a term of imprisonment.

I have had regard to the Criminal Justice Social Work Report prepared. You are noted as adopting a position of 'extreme denial' and blaming your victims. As a consequence of that position, you express no remorse for what you have been convicted of. You continue to deny any responsibility and appear to have no understanding of the impact of your offending behaviour on the complainers or on society generally. I have noted your Counsel's criticisms of certain observations in the CJSW Report.

You are assessed as posing a moderate risk of reconviction for sexual behaviour and a high risk for further violent behaviour. It is noted that there are positive influences in your life, by way of a supportive family, but these features did not prevent your engaging in the repeated conduct of which you now stand convicted.

The risk assessment supports the imposition of an extended sentence. Indeed, your Counsel did not demur from the observations of risk in the report supporting the imposition of an extended sentence. You have been convicted of a number of predatory rapes against women who were vulnerable by reason of their age or circumstances.

I have considered all that has been said on your behalf. You have the support of your family. You have always worked and provided for them. You have found the experience of a High Court trial a chastening experience and do not wish to put yourself in a position for that experience to be repeated. Nonetheless, your Counsel confirmed that you continue to deny the subject matter of the convictions. You have expressed no remorse.

I have considered all of the foregoing and have determined that there is no alternative to a custodial sentence. This was accepted on your behalf, as indeed was the prospect of a substantial sentence. I propose to impose a cumulo sentence.

However, I have also considered the continuing risk you may pose to the public upon your release. I have already noted the terms of the criminal justice social work report, and its support for an extended sentence as a way to manage the clear risk you pose. The matters of which you now stand convicted disclose you to be a predatory sexual offender, preying upon vulnerable women when the opportunity arises. In the light of all of the information before me, I am of the view that an extended sentence is essential to manage the serious risk that you pose upon release into the community. I am satisfied that the statutory criteria have been met.

Having regard to the nature of the crimes of which you have been convicted, your past record and what has been said on your behalf, the extended sentence I impose is one of 10 years. The custodial element of this is 8 years. The extended part of the sentence is two years.

The sentence I impose will take into account the period you have been in custody in respect of this matter, being from 9th June 2015 to date.

I order that on your release from custody you will be under the supervision of the local authority for a period of two years. During that period after your release from custody, you will report to the supervising officer allocated to supervise you in a manner and at intervals specified by him or her. You will keep your supervising officer advised of your current address and you will comply with any other requirement your supervising officer may reasonably require.

If you breach the order you are liable to be brought back to court and returned to custody for all or any part of a period equal to that between the date of your first breach of the order and the date when your supervision would expire

You are now liable to comply with the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period. And, finally, I direct the clerk of court to intimate details of your conviction to the Scottish Ministers in terms of section 7(1) of the Protection of the Vulnerable Groups (Scotland) Act 2007".

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