HMA v Gareth Robertson

At the High Court in Edinburgh today (13 November 2019), Lord Pentland imposed an extended sentence of 9 years (custodial part 6 years) on Gareth Robertson after the offender was convicted of sexual and violent offences.

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

“Gareth Robertson, you were convicted after trial of a number of sexual and violent offences. There were two victims: a young and vulnerable woman and your former partner. In the course of a short relationship you repeatedly raped your first victim, having detained her against her will for a number of days and prevented her from contacting her family. During a longer relationship with your second victim, you sexually and physically assaulted her on a number of occasions. On one occasion you attempted to rape her. You were convicted of other offences demonstrating that you have serious difficulty in controlling aspects of your sexual conduct and are liable to behave in an uncontrolled and disturbing manner.

You have a previous criminal record reflecting a number of offences of violence against, and unlawful contact with, your former partner.

The criminal justice social work report explains that you continue to deny the present offences and that you have no empathy for your victims. You are assessed as presenting a high risk of reoffending. A lengthy period of post-release supervision is recommended.

I have taken account of all that has been said on your behalf this morning by Mr McKenzie in his realistic submissions.

I am entirely satisfied in view of the nature of these offences, your attitude towards them, your record of previous offending and the risk you present to women that an extended sentence is necessary for the protection of the public.

On all the charges taken together I will impose an extended sentence of 9 years imprisonment. The custodial term will be 6 years and the extension period will be 3 years. During the extension period you will be subject to a licence containing conditions which are considered necessary for the protection of the public from serious harm. If you breach the conditions of the licence, you are liable to be returned to custody for the unexpired part of the extended sentence. I will backdate the sentence to 16 October 2019. You will remain subject to the notification requirements applicable to sex offenders indefinitely. Details of your convictions have been intimated to the Scottish Ministers in terms of the legislation protecting vulnerable groups.”