HMA v Martyn Daniel

At the High Court in Edinburgh today (22 December 2017) Lord Summers imposed an extended sentence of 12 years (custodial part 9 years and 7 months) on Martyn Daniel after the accused was found guilty of rape and other offences. On sentencing Lord Summers made the following statement in court:

You have been found guilty by the jury of a number of offences. Chief among them are the rape at common law of A and B with the rape under statute of C.  These offences, spread as they are over a period from 2007 to 2015, reveal a disturbing attitude towards women. 

As was evident from their evidence and to a lesser degree from the two witnesses you led on your behalf, you had little regard for their dignity or autonomy.  They were persons you used and exploited for your personal gratification.  The rapes of B and C took place within the confines of relationships that were volatile and at times violent.  In this connection I take particular note of your convictions in 2009 and 2015 of assault in connection with B and C.

In these circumstances I sentence you to an extended sentence of 9 years of imprisonment in respect of the rape of A (charge 1) with a custodial period of six years; I sentence you to an extended sentence of 12 years in respect of B (charge 5) with a custodial period of nine years; and I sentence you to an extended sentence of 11 years imprisonment in respect of C (charge 14) with a custodial period of eight years.  These sentences will run concurrently.

In dealing with the remaining charges I deal now with the assault in charges 11 and 20.  I sentence you to a period six months imprisonment for charge 11 and a period of one year imprisonment in respect of charge 20.  These also will be served concurrently with the sentences for rape.

In connection with the miscellany of other charges I sentence as follows: 

Charge 2  ( breach of the peace) - I admonish you; Charge 3  ( breach of the peace) - I sentence you to three months imprisonment; Charge 10  (breach of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010) - I sentence you to one month imprisonment; Charge 12  (malicious damage) - I sentence you to one month imprisonment; Charge 16 (breach of s 38 of the Criminal Justice and Licensing (Scotland) Act 2010) - I sentence you to one month imprisonment; Charge 18 (a charge of abduction) - I sentence you to a period of one month imprisonment.

The total sentence in respect of charges 2, 3, 10, 12, 16 and 18 is seven months. These sentences will run consecutively to the sentences for charges 1, 5, 14, 11 and 20.  

Sentencing Statements

HMA v Dennis Charles Cox

Tuesday, 18 February, 2020

HMA v Anthony Peter Allan

Tuesday, 18 February, 2020

HMA v Keith Russell

Friday, 14 February, 2020

HMA v Joseph Whyte

Friday, 14 February, 2020

HMA v Stephen Reed

Thursday, 13 February, 2020