HMA v John Kevin Fox

At the High Court in Edinburgh today, 28 June 2017, Lord Uist sentenced John Fox to 12 years’ imprisonment after the accused was found guilty of a series of rape and assault charges.

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

“John Kevin Fox, you were convicted by the jury at Aberdeen High Court earlier this month of a total of 21 offences involving physical and sexual violence committed many years ago involving three different women and three different children.

These offences included two charges of rape against one woman, four charges of rape against another woman, and physical assaults on all three women and three children.

Apart from two offences of assault against one of the children, you denied your guilt in evidence at your trial and have continued to do so when interviewed by the social worker who prepared a report for this court following upon your convictions, and who assessed you as being at high risk of further sexual offending.

You are now 58 years of age. You have a good work record.

You have three previous convictions, all at summary level and attracting non-custodial sentences, the last being in October 1997.

In light of the catalogue of serious offences of which you were convicted and the risk assessment provided by the social worker, I have had to consider whether the risk criteria are met in your case so as to require me to make a risk assessment order.

The risk criteria are that the nature of, or the circumstances of the commission of, the offences of which you have been found guilty either in themselves or as part of a pattern of behaviour, are such as to demonstrate that you, if at liberty, will seriously endanger the lives, or physical or psychological well-being, of members of the public at large.

In view of your age and the fact that you have not been convicted of any other offence over the last 20 years, during which time you have been at liberty, I have concluded that the risk criteria are not met in your case. I shall therefore not make a risk assessment order.

The sentence which I am about to impose on you is essentially by way of punishment for your atrocious and, in some instances, cruel conduct towards the three women and three children who were your victims.

You now have to pay the price for the deplorable crimes which you committed all those years ago.

The sentence which I impose, on all charges taken together, is 12 years imprisonment from 1 June 2017.   

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