Paul William Greig V. Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lady Smith,Lord Carloway |
| Judgment Date | 05 October 2012 |
| Neutral Citation | [2012] HCJAC 127 |
| Docket Number | XC517/11 |
| Court | High Court of Justiciary |
| Date | 05 October 2012 |
| Published date | 05 October 2012 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Carloway Lady Smith | [2012] HCJAC 127 Appeal No: XC517/11 OPINION OF THE COURT delivered by LORD CARLOWAY in NOTE OF APPEAL AGAINST SENTENCE by PAUL WILLIAM GREIG Appellant; against HER MAJESTY'S ADVOCATE Respondent: _______ |
Appellant: JDM Macara QC, solicitor advocate; Beltrami & Co., Glasgow
Respondent: Small AD; Crown Agent
5 October 2012
1. Facts
[1] On 1 July 2011, at the High Court in Edinburgh, the appellant, who is now aged 52, was found guilty of four offences occurring in 1974 and 1975, when he was aged 14 and 15. The offences involved two young female relatives and were committed when the appellant was babysitting them. They were: first, on various occasions, using lewd, indecent and libidinous practices towards A, aged 6 and 7, by inducing her to get into a bath, washing and drying her naked body and repeatedly inserting his fingers into her private parts; secondly, also on various occasions when A was that age, assaulting and raping her; thirdly, on various occasions, using the same practices towards B, when she was aged 8 and 9; and fourthly, again on various occasions, when B was that age, assaulting and raping her. All four charges involved the use of threats towards the girls to prevent disclosure. The offences were carried out on one girl usually in the presence of the other. On 10 August 2011, the appellant was sentenced to eight years imprisonment.
[2] The appellant had denied the charges and maintained that the allegations were fantasies. The Social Enquiry Report revealed that the appellant had had a particularly unpleasant childhood, involving cruelty on the part of his father. However, he was happy at school and was able to obtain six ordinary grades and three highers. He became an apprenticed engineer and obtained a Higher National Certificate in that subject. In 1992, he joined the Lothian and Borders police, attaining the rank of sergeant. He remained a serving police officer at the time of sentencing.
[3] The appellant married when he was 21. He is still married and has two adult children and one grandchild. He has had what the SER describes as a "blame free and productive" adult life. He has a supportive family and network of friends. His daughter has written a powerful and moving assessment of the impact, which the pursuit of the allegations has had, on both the appellant and the members of his family. As might be expected, the appellant's reputation, no doubt well merited, as a hard-working, devoted and caring husband and father, has all but been destroyed
[4] The SER assessed the appellant as at low risk of general re-offending. However, given the harm which he has caused, a problem exists in relation to his unwillingness to accept responsibility and to address any residual issues. The appellant has attempted suicide on several occasions as the allegations were pursued. He has caused permanent damage to his left wrist.
[5] Victim statement forms have been produced. These detail the effects of the offending on the two complainers. They describe happy childhoods being ended by the appellant's conduct and the fear generated by the offending. They tell of estrangement, isolation and low esteem with continuing anxiety, distress and confusion. Both complainers refer to the adverse effects of the appellant's behaviour on their confidence and, to a degree, consider that it has had an effect on...
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