HMA v John Barbour

At the High Court in Edinburgh today, 6 March 2018, Lord Ericht sentenced John Barbour to four years imprisonment after the accused was convicted of lewd and libidinous behaviour towards two young girls and the rape of one of them. On sentencing Lord Ericht made the following statement in court:

You have been convicted of lewd and libidinous behaviour towards two young girls and the rape of one of them.

 I have considered carefully all that has been said on your behalf and the Social Work report. You have been of good character since the time of the offences and have had a successful career and marriage and family life.   The offences took place around 30 years ago. You have no previous convictions and no subsequent convictions.

 At the time of the offences in charge 1 you yourself were a child, aged between 13 and 14. In relation to the other charges, you were aged between 18 and 21. I require to take into account your age at the time of the offences and your many years of responsible adulthood.

 On the other hand, you have been convicted of serious offences, and I have taken into account what is said in the Victim Impact Statements. It is clear that your actions have had a detrimental effect on your victims.

 I intend to impose a cumulo sentence on all the charges.  I sentence you to a period of imprisonment of 4 years.   The sentence will run from 7 February 2018.

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