Appeal Against Sentence By Angus Sinclair Against Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Malcolm,Lady Clark Of Calton,Lady Paton |
| Neutral Citation | [2016] HCJAC 24 |
| Date | 24 March 2016 |
| Published date | 24 March 2016 |
| Year | 2016 |
| Court | High Court of Justiciary |
| Docket Number | HCA/2014 |
APPEAL COURT, HIGH COURT OF JUSTICIARY
[2016] HCJAC 24
HCA/2014/004974/XC
Lady Paton
Lady Clark of Calton
Lord Malcolm
OPINION OF THE COURT
delivered by LADY PATON
in
APPEAL AGAINST SENTENCE
by
ANGUS SINCLAIR
Appellant;
against
HER MAJESTY’S ADVOCATE
Respondent:
Appellant: Duguid QC, McCall QC; (Faculty Services Limited for AFJ Solicitors)
Respondent: F Mulholland QC, Lord Advocate; Crown Agent
24 March 2016
Punishment part of 37 years
[1] On 14 November 2014, after trial at Livingston High Court, the appellant (then aged 69) was convicted of the following offences:
“(001) on 15 and 16 October 1977 between the World’s End Public House, High Street, Edinburgh and Gosford Bay, Aberlady, East Lothian and elsewhere in Scotland you ANGUS ROBERTSON SINCLAIR did, whilst acting along with Gordon Hamilton, born 1 March 1955, your brother in law, now deceased … assault Christine Eadie, born 21 February 1960, aged 17 years … repeatedly punch and kick her on the head and body or otherwise inflict blunt force injuries on her, bite her on the body, remove her clothing, force her legs apart, insert your penis in her anus and vagina and rape her, force her pants into her mouth, tie a ligature around her head thereby holding said pants in her mouth, bind her wrists, tie a ligature around her neck, compress her neck and asphyxiate and strangle her and did murder her, and further did steal her clothing and footwear, her handbag and contents, jewellery and personal effects, with intent to prevent law enforcement from recovering these items and did thereby attempt to pervert the course of justice;
and
(002) on 15 and 16 October 1977, between the World’s End Public House, High Street, Edinburgh and a field at Huntington to Coates Road, near Haddington, East Lothian and elsewhere in Scotland you ANGUS ROBERTSON SINCLAIR did, whilst acting along with Gordon Hamilton, born 1 March 1955, your brother in law, now deceased … assault Helen Anne Scott, born 5 July 1960, aged 17 years … force her to walk barefooted into said field, forcibly remove the strap from her handbag, repeatedly punch and kick her on the head and body or otherwise inflict blunt force injuries on her, stamp on her head, remove her trousers, tights and pants, insert your penis in her vagina, rape her, force her pants into her mouth, bind her wrists, place a ligature around her neck, compress her neck and asphyxiate and strangle her and did murder her, and further did steal items of her clothing and footwear, her handbag and contents and personal effects, with intent to prevent law enforcement from recovering these items and did thereby attempt to pervert the course of justice.”
[2] The trial judge, Lord Matthews, imposed a life sentence with a punishment part of 37 years.
Events in the appellant’s life
[3] The following events occurred during appellant’s life:
- 7 June 1945:The appellant was born.
- 25 August 1961:The appellant (then aged 16) was convicted in Edinburgh High Court of culpable homicide.The victim was a young girl aged seven.Lord Matthews in his report at page 2 notes:“I was told that the conviction on 25 August 1961 for culpable homicide involved his interfering with the private parts of his victim, aged seven, tying her with a ligature and strangling her.”The appellant was sentenced to 10 years detention.
- 1968-69:The appellant (then aged 23-24) was released from custody.
- 15-16 October 1977:The appellant (then aged 32) murdered 17-year-old Christine Eadie and 17-year-old Helen Scott, in what became known as the “World’s End murders”.As detailed in the charges (paragraph [1] above) the modus operandi included punching, kicking, biting, raping (vaginally and, in the case of one victim, anally), and strangling with a ligature.The murders remained unsolved for about 30 years.
- 1978 (i.e. within a year of the 1977 murders):The appellant (then aged 33) murdered 17-year-old Mary Gallagher, using a similar modus operandi to that adopted in the World’s End murders, although also using a knife.The murder remained unsolved for over 20 years.
- 31 August 1982:The appellant (then aged 37) was convicted in Edinburgh High Court of three charges of rape, seven charges of lewd and libidinous practices, and breach of the peace.He was sentenced to life imprisonment.He has been in prison ever since.
- 4 June 2001:The appellant (a life prisoner aged 56) was convicted in Glasgow High Court of the 1978 murder of Mary Gallagher.A further life sentence was imposed, with a punishment part of 15 years.
- 2007:The appellant was tried for the 1977 World’s End murders.The trial court sustained a “no case to answer” submission, and the appellant was acquitted.
- 2011:The Double Jeopardy (Scotland) Act 2011 was enacted by the Scottish Parliament, and came into force in November 2011.
- 27 March 2014:The High Court granted an application by the Crown under the 2011 Act (based on advances in DNA techniques) for authority to bring a fresh prosecution against the appellant in respect of the World’s End murders.
Indictment and trial for World’s End murders
[4] An indictment for the World’s End murders was served on the appellant. The productions listed in the indictment included the following:
- production 47:the extract conviction (1961) of culpable homicide of the seven‑year-old girl
- production 48:the extract conviction (1982) of rape and lewd practices
- production 49:the extract conviction (2001) of the murder of 17-year-old Mary Gallagher
- production 50:a certified extract of the indictment for the 1961 culpable homicide conviction
- production 51:a certified extract of the indictment for the 1982 rape and lewd practices conviction
- production 52:a certified extract of the indictment for the 2001 murder of Mary Gallagher.
[5] The trial began on 13 October 2014 and lasted about five weeks. Each day, the appellant appeared from custody. On 14 November 2014 the appellant, then a serving life prisoner aged 69, was convicted unanimously of charges 1 and 2, namely the World’s End murders.
[6] The Lord Advocate moved for sentence. It was not necessary to lay before the court a social enquiry report or a criminal justice social work report, as the appellant had previously served (and was obviously serving) a prison sentence. In the course of his address, the Lord Advocate advised the court of the appellant’s history, and made reference to productions 47 to 52, described in paragraph [4] above. The trial judge records this part of the proceedings in his report at pages 2 to 4 as follows:
“In moving for sentence the Lord Advocate not only tendered a schedule of previous convictions but advised me of the detail of the most significant of those in terms of the case of Riley v HM Advocate 1999 SCCR 644. A copy of the convictions will doubtless be with the papers. I was told that the conviction on 25 August 1961 for culpable homicide involved his interfering with the private parts of his victim, Catherine Reehill, aged 7, tying her with a ligature and strangling her. He was convicted of firearms charges on 21 January 1980 and then on 31 August 1982 was convicted of three charges of rape, seven charges of lewd and libidinous practices and behaviour and one charge of breach of the peace. He was imprisoned for life on charges 1 to 3. The sexual charges involved young children. On 4 June 2001 at the High Court of Justiciary sitting in Glasgow he was convicted of murder. The victim was a 17 year old girl and the crime was committed on waste ground. He presented a knife at her, forced her onto the ground, raped her, compressed her neck, repeatedly struck her on the neck with the knife, tied a ligature around her neck and compressed her neck with it.
He had received a determinate sentence of 10 years for the culpable homicide charge and was released in 1968 or 1969 but was now serving two life sentences. I understand that the punishment part in respect of the conviction on 4 June 2001 was 15 years imprisonment.
He had never spent any time in custody on remand in connection with the current case. He appeared on petition on 31 March 2005 and the case duly proceeded to trial but he was acquitted on 10 September 2007 when a submission of no case to answer was upheld. The Double Jeopardy (Scotland) Act came into force in November 2011. The Crown obtained authority for a new prosecution on 27 March 2014, largely based on new evidence as a result of DNA work which had been carried out at Cellmark. He was reindicted in May 2014.
For the appellant, Mr Duguid QC reminded me that many of the convictions were not previous ones but he accepted that it was appropriate that they be brought to the attention of the court. He had nothing to say about the appellant’s personal circumstances.”
[7] On 14 November 2014 Lord Matthews imposed a life sentence (a third life sentence for the appellant) with a punishment part of 37 years. In his sentencing statement, the judge said:
“There was no reason for Christine Eadie or Helen Anne Scott to think that 15 October 1977 was going to be particularly eventful. To all intents and purposes they would have a pleasant Saturday night out, the sort of occasion they would look forward to enjoying for many years to come with friends and family, including perhaps children and grandchildren.
Helen, shy and retiring and Christine more outgoing, had not long left school and started work, no doubt harbouring ambitions of moving on to greater things. It was not made clear in the evidence how Christine saw her future but we know that Helen wanted to be a children’s nurse.
Whatever dreams they had, they turned into nightmares shortly after they left the World’s End Pub, the name of which has become synonymous with these notorious murders.
Little were they to know that they had the misfortune to be in the company of two men for whom the words evil and monster seem inadequate.
Unless one day your conscience, if you have one, motivates you to tell the truth, no...
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