HMA v Michael Duncan

At the High Court in Edinburgh on 28 August 2015, Lord Uist sentenced Michael Duncan to five years detention after the accused was found guilty of raping a 15-year-old girl.

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

“Michael Duncan, you were convicted by the jury of the sexual assault, sexual penetration and rape of a 15-year-old girl at a flat in Aberdeen in the early hours of the morning of 23 March last year. 

She was so affected that she phoned her aunt and ran out of the house in her pyjamas in a highly distressed condition. After behaving towards the girl in this disgracefully abusive manner you made off. 

Although you did not give evidence at your trial you denied your guilt to the police and the social worker who has reported to this court and even blamed the girl for leading you on. 

You are now 20 years old. You have one previous conviction for assault to injury, for which you were fined £450, and a previous conviction for theft. 

I have considered the terms of the criminal justice social work report on you and all that has been said on your behalf in mitigation by Mr Moggach. I take into account that you are only 20 years old and have only one previous conviction for an offence of violence. 

Nevertheless, you have been convicted of a most serious crime against a girl who was only 15 at the time and the sentence to be imposed must reflect that fact. I sentence you to five years detention from 31 July 2015. 

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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