HMA v DEAN JAMES MCKINNEY

At the High Court in Aberdeen Lord Doherty sentenced Dean McKinney to five years in prison after he was found guilty of rape.

On sentencing Lord Doherty made the following statement in court:

 “You have been convicted of the rape of a 15 year old girl. You took advantage of her while she was asleep and under the influence of alcohol. You persisted for a short period after she woke up despite her telling you to stop. You ejaculated. You were not wearing a condom at the time.

You have two previous convictions for assault at summary level, one of which was on a child. You have not previously served a custodial sentence.

You were aged 18 at the time of the offence. I have regard to that. Had you been older I would have dealt with the case even more severely than I propose to.

I take account of all that has been said on your behalf, but only a substantial custodial sentence would serve to mark the gravity of the crime. I sentence you to detention for a period of 5 years. That period will run from 27 July 2012.

You were given notice on 27 July 2012 of the notification requirements which you must comply with under Part 2 of the Sexual Offences Act 2003. Those requirements have applied to you since that date and shall continue to apply to you indefinitely.”