HMA v Sean Moynihan

At the High Court in Livingston today, 18 February 2019, Lord Woolman sentenced Sean Moynihan to 9 years imprisonment for attempted rape.

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

“Sean Moynihan carried out a chilling crime on 19 May 2008. He subjected a stranger to violence and terror on a cycle path in Paisley. The victim was a girl aged 15. He attacked her from behind. He showed her a knife and repeatedly threatened to stab her. She believed that she was going to die. He then carried out a serious indecent assault and attempted to rape her.

“The victim has provided a statement setting out the many adverse consequences of the crime. She believes that it has ruined part of her teenage years and adult life.

“Because of Sean Moynihan’s refusal to give instructions, defence counsel Mr Kerrigan was unable to present a plea in mitigation on his behalf. It is difficult to know what he could have said, given the nature of the crime, the accused’s attitude and in particular his record of previous convictions. Sean Moynihan has four High Court convictions.

“Sean Moynihan is plainly a dangerous man. He presents a threat to the community at large and especially to females. Having regard to all the circumstances, I impose a sentence of 9 years imprisonment. I direct that it takes effect on today’s date and runs concurrently with the punishment part of the Order for Life Long Restriction imposed on 3 December 2015 and the sentence of imprisonment imposed on 7 December 2018. 

“Sean Moynihan is already subject to the notification requirements of the Sexual Offences Act 2003. For the avoidance of doubt, I direct that he be placed upon the register for an indefinite period in respect of this crime. The clerk of court will also intimate details of his conviction to the Scottish Ministers under the protection of vulnerable groups’ legislation.”