HMA v Robbie Kenny

At the High Court in Edinburgh today, 27 September 2019, Lord Arthurson sentenced Robbie Kenny to eight years’ imprisonment after the accused was found guilty of the rape of a woman and the rape of a teenage girl.

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

“Robbie Kenny, on 2 September 2019 at Glasgow High Court you were convicted of the assault and rape of an adult female and of the indecent assault to injury of another adult female. Both of these complainers were acquaintances within your social circle at the relevant times of your offending against them.  

“You were in addition convicted of serious sexual offending, including rape to injury, against a girl then aged between 13 and 14. You were in a position of considerable trust in relation to this victim, and that position of trust is a materially aggravating factor in respect of your offending against her.  

“The level of planning involved in this chapter of your criminal conduct in this case must have been on any view significant.

“As a whole, your criminal conduct here can be characterised as grave and predatory sexual offending, and you will well appreciate that the only appropriate disposal in your case will require to be a substantial custodial one.

“You have no previous convictions and have an excellent employment record.  You further presently appear to enjoy considerable support from members of your extended family.  You have a young daughter with your long‑term partner.  

“In addition, your counsel has this morning advanced full and helpful submissions in mitigation on your behalf, all of which I take into account.

“Your offending has been assessed by the authors of the background report prepared for today’s sentencing hearing as presenting a low risk of sexual offending, albeit as indicating a significant likelihood of serious physical, emotional and sexual harm to both adult females and to female children in the event of any future offending by you.  I note also from the terms of that report that you have displayed no remorse for your criminal conduct and the impact of that conduct upon any of your victims.

“Standing the gravity of your offending in this case, you will accordingly serve in respect of this indictment, on charges 1, 2, 6 and 8, on an in cumulo basis, a sentence of imprisonment of eight years’ duration. 

“For the avoidance of doubt, in selecting this custodial tariff, I have taken into account all of the points already mentioned and in addition the sentencing principles.  

“This sentence will be backdated to the date of your conviction and initial remand in custody in this case, namely 2 September 2019.

“Finally, as a result of this disposal, you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”