HMA v Grant Monteith

At the High Court in Edinburgh on 27 July 2016, Lady Scott imposed an extended sentence of nine years imprisonment on Grant Monteith after the accused was convicted of rape and assault charges. The custodial period is seven years followed by an extension period of two years on licence.

“Grant Monteith, you have been convicted of 14 charges constituting a serious and sustained course of conduct against two women you were in a relationship with, whereby you controlled them, threatened them and abused them with serious physical and sexual violence.

Over a period of about two years you physically assaulted your first victim on numerous occasions. In particular on various occasions you seized her by the neck, pushed her against a wall or sat on top of her and compressed her neck.

You raped her on numerous occasions within your flat; often using force; on one occasion you forcibly raped her after tying her to a pole within a milking shed; on another occasion you tied her to the bed by the wrists and ankles and raped her and on one occasion you assaulted her with intent to rape in the presence of a child.

Over a period of about nine months you physically assaulted your second victim, including, on various occasions, seizing her by the throat and pinning her against a wall and a door; breaking down a bathroom door  to attack her; and sitting on top of her and restrain her and shout in her face. On one occasion when your second victim was injured and she said no, you raped her.

Given the nature of this course of conduct and the terms of the criminal justice social work report I am satisfied that you present a risk of serious harm to women who are unfortunate enough to engage in any kind of relationship with you. Accordingly I consider it is necessary 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.

Under this sentence you would benefit from attendance at the sex offender treatment programme within prison and upon your release.

On the other hand, I take into account that you appear as a first offender; that you have a stable lifestyle with steady employment; that you have family support; that you have had long term female partners where there has been no suggestion of violence and that you have young children.

Balancing all of these factors, and having regard to the potential cumulative effect of the sentences to be imposed on these charges, I sentence you a follows:

On charges 2 and 17 you are admonished.

In respect of the course of conduct of physical assaults at common law namely charges 1, 8, 9, 11, 12, and 15, I sentence you to a cumulo period of four years imprisonment to run from 29 June 2016 and to run concurrently with the extended sentence I am going to impose in respect of the remaining charges.

In respect of the of the course of conduct of statutory sexual offences, including rape, in charges  3, 4, 5 6, 10 and 13, I sentence you to a total extended sentence of nine years which consists of a cumulo custody period of seven years imprisonment and two years on an extended period of licence. This sentence will run from 29 June 2016.

You will be placed on the sex offenders register for an indefinite period.”