H.mca. V. Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lady Dorrian,Lord Bracadale,Lord Justice Clerk |
| Judgment Date | 16 April 2014 |
| Neutral Citation | [2014] HCJAC 41 |
| Date | 16 April 2014 |
| Court | High Court of Justiciary |
| Published date | 12 May 2014 |
| Docket Number | XC372/13 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Justice Clerk Lady Dorrian Lord Bracadale | [2014] HCJAC 41 XC372/13 OPINION OF THE COURT delivered by LORD CARLOWAY, the LORD JUSTICE CLERK in APPEAL AGAINST CONVICTION AND SENTENCE by HMcA Appellant; against HER MAJESTY'S ADVOCATE Respondent: _____________ |
Appellant: E Forrest; Rhodes & Co, Dundee
Respondent: Fairley QC AD: the Crown Agent
16 April 2014
[1] On 21 May 2013, at the High Court in Livingston, the appellant was found guilty of four charges; 1 of rape and 3 of lewd, indecent and libidinous practices, 2 of which were at common law and one under section 5 of the Sexual Offences (Scotland) Act 1976.
[2] The libel of the rape was that it had occurred between March 1989 and April 1991 at the appellant's home in Craigshill, Livingston and was perpetrated on his daughter, then aged 19. She had been invited to stay overnight at the appellant's home and to have a bath after dinner. The appellant had entered the bathroom, washed her body, entered her bed, lain on top of her and penetrated her with his penis.
[3] The first of the lewd practices charges involved a libel that on various occasions, between April 1990 and April 1991, at the same address in Craigshill, he had entered the bedroom of another of his daughters, aged 15, and offered to massage her back. He had poured baby oil on her, rubbed her back, placed his hands between her buttocks and fondled her vagina.
[4] The second lewd practices charge involved a step-daughter, aged between 9 and 11, at two different addresses in Livingston, where she had lived with the appellant and her mother, between June 1991 and June 1994, during which he had entered a bathroom where she was having a bath, washed her back and handled her body.
[5] The final charge involved the appellant's step-granddaughter, then aged between 9 and 11. On various occasions between April 2001 and April 2004, at a garage in Armadale and one of the appellant's home addresses referred to in the previous charge, he had insisted in rubbing the girl's body with cream prescribed for a skin condition. He placed his hands inside her trousers, digitally penetrated her and compelled her to masturbate him. The offences also involved entering a bathroom when she was having a bath and again digitally penetrating her.
[6] On 13 June 2013, the appellant was sentenced to 7 years imprisonment on the rape charge, and sentences of 1 year consecutive on the second charge,...
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