HMA v Brian Joseph Dailey

At the High Court in Edinburgh today, 27 July 2017, Lord Armstrong sentenced Brian Dailey to ten years’ imprisonment after the accused was found guilty of the rape and sexual abuse of three children.

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

“Brian Joseph Dailey, you have been convicted of five charges which involve the persistent, calculating, manipulative and predatory sexual abuse of two young boys and one teenage girl in relation to whom you were in a clear position of trust.

“So far as the first boy was concerned, the abuse which you perpetrated on him took place when he was ten years of age. So far as the second boy is concerned, it took place when he was only seven years of age. So far as the girl is concerned it took place when she was between 14 to 15 years of age.

“The conduct in respect of which you have been convicted took place from January 1973 until October 1974 and from December 1982 until December 1984, and involved a catalogue of sexual abuse including you compelling the boys to masturbate you, digital vaginal and anal penetration, and what would now be commonly understood as oral and anal rape.

“You abused these children regularly and repeatedly throughout the relevant periods, to the extent that it was described in evidence as routine. In the case of the boys you threatened them in order to ensure their silence.

“The lasting effect of your conduct on these children, as they were at the relevant times, may be incalculable. You are responsible for callously robbing them of the innocence of their childhood and forcing upon them experiences which no child should have.

“I have taken account of what has been said on your behalf, and I have also had regard to the content of the criminal justice social work report now made available to me.

“I note that you maintain your denial of any involvement in the commission of these crimes, take no responsibility for them, and appear to lack empathy towards each of your victims.

“I note that a risk assessment model included in that report assesses you as presenting with a profile which suggests a moderate risk profile.

“However, I also acknowledge that these crimes, having occurred many years ago, are historical, that you are, for the purposes of the sentence which I must impose, a first offender, that you have not come to the attention of the authorities since the events I have described, and that you have had a good work record, and have otherwise contributed to society. I also take account of the fact that you are now 70 years of age.

“Nevertheless, these crimes of which you have been convicted are disturbing and grave. Society has an abhorrence of such conduct and it is the responsibility of the court to reflect that. 

“It is important that those who might be disposed to commit crimes of sexual abuse against children, in the way that you did, understand that they are likely to receive significant custodial penalties once brought to justice. I am satisfied that, in your case, there is no appropriate alternative disposal to one of imprisonment.

“I have already made an order that you be subject to the notification requirements of the Sexual Offences Act 2003.  In light of the sentence I am about to impose, that requirement will be continued for an indefinite period of time.  The clerk of court will provide you with a  notice of the requirements with which you must comply.

“I am satisfied that if I were to impose consecutive sentences on you, in relation to your crimes against three different children, in three different institutions, for which I may say there would be some justification, the resulting overall sentence would be disproportionately excessive. 

“In these circumstances, in relation to charges 1, 2, 4 & 6, I will sentence you by imposing a single cumulo period of imprisonment, commensurate with the totality of the criminality involved. 

“Having regard to all of the circumstances of your case, in particular noting the historical nature of these crimes, and your age, but also the facts of the repeated nature of the abuse you perpetrated, and that you were, at the relevant times, in a position of trust, that sentence will be one of ten years’ imprisonment.

“In relation to charge 7, a statutory charge concerning the young teenage girl, taking the same factors into account, I sentence you to a period of imprisonment of four years, to be served concurrently with the cumulo sentence imposed in respect of the other charges.

“The total sentence which I am imposing on you is therefore one of a period of imprisonment of ten years. That sentence will be backdated to 29 June 2017 when you were first detained in custody in relation to these charges.”