HMA v Hamish Campbell McIntyre

At the High Court in Edinburgh today, 13 April 2018, Lord Arthurson sentenced Hamish McIntyre to 12 years' imprisonment after the accused was found guilty of serious sexual offences against three vulnerable individuals. On sentencing Lord Arthurson made the following statement in court|:

“You have been convicted by the jury of grave sexual offending against three vulnerable individuals, one of whom was at the time of your offence against her a voluntary inpatient at the Royal Edinburgh Hospital, and the other two of whom were prisoners at HMP Edinburgh when you offended against them.  You will appreciate that in respect of these offences only a very substantial custodial sentence is the appropriate disposal.

You have accrued 35 groups of convictions from 1990 to 2016.  You have served 22 previous custodial sentences.  Your offences have included multiple crimes of violence and offences involving weapons such as a hammer, brick and knife.  Your convictions further include nine of a domestic nature.  Of particular relevance to the sentencing exercise for the court today in your case is your conviction on indictment in 2015 for sexual assault in terms of section 3 of the Sexual Offences (Scotland) Act 2009. 

Turning now to sentence, in the light of your extensive criminal record and standing the grave nature of your sexual offending in March and April 2017 in respect of this indictment, which I view as one course of criminal conduct, systematically pursued by you, I propose today imposing an in cumulo sentence in respect of charges 3, 5 and 9.  You will on that basis accordingly serve a period of 12 years imprisonment.  That sentence includes a period of six months for the bail aggravations libelled in the charges.  This sentence will be backdated to the date of your initial remand in custody in respect of these offences, namely 28 March 2017. 

In the light of this sentence, you will further be subject to the notification requirements of Part 2 of the Sexual Offences (Scotland) Act 2003 for an indefinite period. Your conviction will also be intimated to the Scottish Ministers in terms of section 14 of the Protection of Vulnerable Groups (Scotland) Act 2007”.

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