HMA v Lee Stanley Weir

At the High Court in Edinburgh today Lord Uist sentenced Lee Stanley Weir to a community payback order for a period of 2 years after he pleaded guilty to the sexual abuse of a 5 year old girl.

On sentencing Lord Uist made the following statement in court:

“You pleaded guilty to an act of serious and disgusting sexual abuse on a five year old girl in 2003 or 2004 when you were 14 years old. This has caused her serious problems since then and had a deep effect on her life. 

You are now 31 years old. You have one previous conviction, which was in the High Court in 2011, for assault to severe injury, permanent disfigurement and danger to life, resulting in a 200 hours community service order. The reason for the non-custodial sentence was that the assault consisted of one punch in the course of drunken argument in the street as a result of which your victim fell to the ground and suffered a serious head injury. Apart from that conviction you have led a law-abiding life and have a good work record. In fixing your sentence I take into account the content of the very helpful criminal justice social work report and all that has been said on your behalf in mitigation. I note in particular your admission of guilt to the police, your plea of guilty, your health problem and the low risk of sexual reoffending. Normally a plea of guilty to such an offence would without question result in a prison sentence and it had initially been my intention to impose such a sentence in this case, but having considered what has been said by your counsel in the plea in mitigation on your behalf I am satisfied that, exceptionally, this case can be disposed of by way of a non-custodial sentence for the reasons set out by her.

Had you been convicted by a jury after trial I would have imposed a sentence of 3 years imprisonment. In light of your plea of guilty I am prepared, provided you agree, to impose a community payback order for a period of 2 years. (Community payback order consisting of an unpaid work requirement of 300 hours within 18 months, a programme requirement to undertake the Aberdeenshire Sex Offender Programme within 2 years and an offender supervision requirement for 2 years imposed.)

As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for a period of five years.”