HMA v Jamie King

At the High Court in Edinburgh today, Judge Paul Arthurson QC imposed an extended sentence on Jamie King – a custodial term of six years detention followed by an extension period of two years on licence – after the accused was found guilty of raping a 14-year-old schoolgirl.

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

“Jamie Alexander King, on 30 October 2015 you were convicted by the jury of a charge of rape, in that you did contravene section 1 of the Sexual Offences (Scotland) Act 2009, and of a charge of theft of your victim’s mobile telephone, bag and its contents. 

Your victim was a 14-year-old schoolgirl who was a stranger to you, and who was out on a Saturday evening walking to her home while intoxicated with alcohol. 

You subjected her to a thoroughly degrading sexual assault, culminating in your oral rape of her.  You fled the scene, leaving her weeping and distressed, having stolen her bag and mobile telephone.

As I indicated to you upon your conviction, your conduct represents an extremely serious sexual offence.  The criminal justice social work report and risk assessment prepared for this adjourned diet indicates plainly that you have displayed little or no insight into the seriousness of your behaviour. 

You displayed no victim empathy during your interview with the authors of the report, who advise that on your part there was a distinct lack of recognition or acknowledgement of the impact of your offending upon the victim.  Instead, you appeared to the authors of the report to be more concerned as to the consequences for yourself. 

The authors express their grave concern that you appeared to be emotionally distanced from your offending and its seriousness.  You have demonstrated no signs of remorse or regret for your actions. 

You have a history of poly-drug misuse and were under the influence of valium when you committed these offences.  You are deemed by those assessing your risk as posing a risk of sexual harm to teenage and vulnerable females. 

Your risk of causing harm and sexual harm is considered to be high and likely to remain undiminished should you fail to undertake the programme work which will be available to you in custody and upon your eventual release into the community.

Such is the gravity of the offence of rape of which you have been convicted, that there is no alternative to the imposition of a substantial custodial sentence.  On the basis of the evidence led before the jury in connection with this charge and the material contained in the report now available to the court, I have concluded that you represent a high risk of causing serious harm from which it is necessary to protect the public. 

I am therefore imposing upon you today, in respect of charge 2 on this indictment, an extended sentence, which is in two parts.  The first part is a custodial part.  That will be followed by an extended period in the community when you will remain under licence and under supervision. 

From the date of your release, you will be under licence for an extension period.  The conditions of your licence will be fixed by the Scottish Ministers. 

If during this extension period you fail to comply with the conditions of your licence, it may be revoked and you may be returned to custody for a further period in respect of this indictment.  The court also has power to deal with you if you commit another offence after your release and while you are on licence. 

In selecting this disposal, I should make clear that I take into account your age today (20 years old) and your age as at the date of your offence (17 years old), together with all of the information about your personal circumstances which has been made available to me, your extremely limited record and all the points powerfully advanced on your behalf this morning in mitigation by your counsel.

In any event, for all the reasons which I have expressed, the sentence of the court is an extended sentence with a custodial term of detention of six years and an extension period of two years, for the duration of which you will be under licence fixed by the Scottish Ministers in the way which I have described.  The total length of your sentence is accordingly eight years. 

Your sentence will be backdated to 30 October when you were convicted by the jury and remanded in custody by the court.

For completeness, you are admonished and dismissed in respect of charge 3.

Finally, as a result of this sentence, you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”