Neil Strachan Against Her Majesty's Advocate
| Jurisdiction | Scotland |
| Judge | Lord Reed,Lord Justice General,Lord Eassie |
| Neutral Citation | [2011] HCJAC 3 |
| Docket Number | Appeal No: XC731//09 |
| Published date | 14 January 2011 |
| Year | 2011 |
| Court | High Court of Justiciary |
| Date | 14 January 2011 |
| APPEAL COURT, HIGH COURT OF JUSTICIARY | |
| Lord Justice General Lord Eassie Lord Reed | [2011] HCJAC 3 Appeal No: XC731//09 OPINION OF THE COURT delivered by THE LORD JUSTICE GENERAL in APPEAL AGAINST CONVICTION AND SENTENCE by NEIL STRACHAN Appellant; against HER MAJESTY'S ADVOCATE Respondent: _______ |
Appellant: Keenan, Solicitor Advocate, Bryce, Solicitor Advocate; Capital Defence, Edinburgh
Respondent: Bain, Q.C., A.D.; Crown Agent
14 January 2011
The charges
[1] The appellant went to trial with seven others on an indictment which contained 54 charges. Not all of these charges were directed against the appellant. The charges against him were as follows:
"(1) between 12 February and 9 November 2007, both dates inclusive, at 58/9 Duff Street and Crown Decorator Centre, Unit 6 Elizafield Estate, Newhaven Road, both Edinburgh and elsewhere to the Prosecutor unknown you NEIL STRACHAN did have in your possession indecent photographs or pseudo-photographs of children: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52A(1) as amended;
(2) between 12 February 2004 and 31 January 2006, both dates inclusive, at 58/9 Duff Street and Crown Decorator Centre, Unit 6 Elizafield Estate, Newhaven Road, both Edinburgh and elsewhere to the Prosecutor unknown you NEIL STRACHAN did take or permit to be taken or make indecent photographs or pseudo-photographs of children: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52(1)(a) as amended;
(3) between 12 February 2004 and 31 January 2006, both dates inclusive, at 58/9 Duff Street and Crown Decorator Centre, Unit 6 Elizafield Estate, Newhaven Road, both Edinburgh and elsewhere to the Prosecutor unknown you NEIL STRACHAN did distribute or show indecent photographs or pseudo-photographs of children: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52(1)(b) as amended;
(4) between 12 February 2004 and 31 January 2006, both dates inclusive, at 58/9 Duff Street and Crown Decorator Centre, Unit 6 Elizafield Estate, Newhaven Road, both Edinburgh and elsewhere to the Prosecutor unknown you NEIL STRACHAN did have in your possession a number of indecent photographs or pseudo-photographs of a child or children with a view to them being distributed or shown by you to others: CONTRARY to the Civic Government (Scotland) Act 1982, Section 52(1)(c) as amended;
(9) on 31 December 2005 or 1 January 2006 at 58/9 Duff Street, Edinburgh, you NEIL STRACHAN did assault [JL], born 22 June 2004, c/o Lothian and Borders Police, Edinburgh and did penetrate his hinder parts with your private member and did thus have unnatural carnal connection with him;
(10) on 31 December 2005 or 1 January 2006 at 58/9 Duff Street, Edinburgh, you NEIL STRACHAN did use lewd, indecent and libidinous practices and behaviour towards [B], born 31 October 1999, c/o Lothian and Borders Police, and did repeatedly touch him in an indecent manner to the Prosecutor unknown whilst he was asleep;
(43) on various occasions between 16 August 2004 and 9 November 2007, both dates inclusive, at Flat 3, 22 Marionville Road, Edinburgh, you NEIL STRACHAN and JAMES RENNIE did distribute or show indecent photographs or pseudo photographs of children to each other: CONTRARY to the Civil Government (Scotland) Act 1982, Section 52(1)(b) as amended;
(54) between 27 July 2004 and 16 December 2007, both dates inclusive, you NEIL STRACHAN, JAMES RENNIE, ROSS PHILLIP WEBBER, CRAIG BOATH, NEIL WILLIAM ARCHIBALD CAMPBELL and JOHN MILLIGAN did at 58/9 Duff Street, The Crown Decorator Centre, Unit 6 Elizafield Industrial Estate, Newhaven Road, Flat 3, 22 Marionville Road, LGBT Youth Scotland, John Cotton Business Centre, 10 Sunnyside, all Edinburgh, at an address in Currie, Edinburgh, 37 Gilbert Avenue, North Berwick, East Lothian, 27 Gourdie Street, Dundee, 13 Glendaruel Avenue, Bearsden, Glasgow and Flat 2/2, 19 Wanlock Street, Glasgow conspire together and with others to meet whether by means of web cameras or other means including by telephone to participate in the commission of sexual offences including lewd, indecent and libidinous practices and behaviour, indecent assault, rape, sodomy and assault against children and in particular against [F], born 28 August 2003, c/o Lothian and Borders Police, Edinburgh [and] in pursuance of said conspiracy and while acting in concert with others you did:
(a) on various occasions between 16 August 2004 and 6 February 2008, both dates inclusive, at 58/9 Duff Street, The Crown Decorator Centre, Unit 6 Elizafield Industrial Estate, Newhaven Road, Flat 3, 22 Marionville Road, LGBT Youth Scotland, John Cotton Business Centre, 10 Sunnyside, all Edinburgh, at an address in Currie, Edinburgh, 37 Gilbert Avenue, North Berwick, East Lothian, 27 Gourdie Street, Dundee, 13 Glendaruel Avenue, Bearsden, Glasgow and Flat 2/2, 19 Wanlock Street, Glasgow you NEIL STRACHAN, JAMES RENNIE, CRAIG BOATH, NEIL WILLIAM ARCHIBALD CAMPBELL and JOHN MILLIGAN did whilst acting along with Lachlan Moar Anderson, c/o Lothian and Borders Police, Edinburgh and others whose identities are to the Prosecutor unknown, arrange to meet and gain access to said [F]for the purposes of committing sexual offences against him;
(b) on 28 July 2004 at Flat 3, 22 Marionville Road, Edinburgh or elsewhere you JAMES RENNIE did whilst a member of an e-mail distribution group which included the e-mail address grasso666@yahoo.com believed to be Matthew Grasso, a resident of the United States of America respond to an e-mail purporting to be from [JD], aged 14 years, using the e-mail address jmd2k4@hotmail.com whose identity is to the Prosecutor unknown to said distribution group for the purposes of gaining access to said [JD] and taking indecent images of said [JD] and a younger boy;
(c) between 7 August 2004 and 10 August 2004, both dates inclusive, at Flat 3, 22 Marionville Road, Edinburgh you JAMES RENNIE did whilst acting along with another whose e-mail address was manicstreet5@hotmail.com and who was also known as Chester White, believed by the Prosecutor to be Patrick Terence Lalleman, discuss carrying out sexual offences and assault against a child and arrange to meet in furtherance thereof;
(d) between 16 August 2004 and 30 December 2005, both dates inclusive, at 58/9 Duff Street and Flat 2/3, 22 Marionville Road, LGBT Youth Scotland, John Cotton Business Centre, 10 Sunnyside, all Edinburgh you JAMES RENNIE and NEIL STRACHAN did by means of e-mail correspondence arrange to meet and gain access to the said [F] for the purpose of committing sexual offences against him;
(e) between 16 August 2004 and 9 November 2007, both dates inclusive, at Flat 3, 22 Marionville Road, Edinburgh or elsewhere you JAMES RENNIE and NEIL STRACHAN did use lewd, indecent and libidinous practices and behaviour against said [F] and did lie on a bed with him and force him to suck your private member;
(f) between 10 July 2005 and 16 December 2007, both dates inclusive, at 13 Glendaruel Avenue, Bearsden, Glasgow and Flat 3, 22 Marionville Road, Edinburgh, you JAMES RENNIE and NEIL WILLIAM ARCHIBALD CAMPBELL did make arrangements to meet and gain access to said [F] for the purpose of commission of sexual offences against him;
(g) between 29 July 2005 and 31 July 2005, both dates inclusive, at 58/9 Duff Street and Flat 3, 22 Marionville Road, both Edinburgh or elsewhere to the Prosecutor unknown you NEIL STRACHAN and JAMES RENNIE did contact and arrange to meet up with another whose identity is to the Prosecutor unknown, for the purpose of gaining access to and committing sexual offences against male children aged under 14 years known as [A] and [L] and you NEIL STRACHAN did send you JAMES RENNIE images of said children;
(h) on 9 October 2005 at Flat 2/3, 22 Marionville Road, Edinburgh and Flat 2/2, 19 Wanlock Street, Glasgow or elsewhere, you JAMES RENNIE did by means of electronic communication contact you JOHN MILLIGAN and state that you wanted to share a child believed to be said [F] for the purposes of committing sexual offences against said [F];
(i) between 23 November 2005 and 16 June 2006, both dates inclusive, at Flat 2/2, 19 Wanlock Street, Glasgow, you JOHN MILLIGAN did by means of electronic communication with a male known as Your Humble Narrator, whose identity is to the Prosecutor unknown, discuss arrangements to gain access to said [F], offer to facilitate access to him and discuss gaining access to him for the purpose of taking indecent images and committing sexual offences against him;
(j) between 7 December 2005 and 2 October 2006, both dates inclusive, at Flat 2/2, 19 Wanlock Street, Glasgow you JAMES MILLIGAN did whilst acting along with another who used the e-mail address manicstreet5@hotmail.com and was also known as Chester White believed by the Prosecutor to be Patrick Terence Lalleman discuss committing sexual offences and assault against a child and arrange to meet in furtherance thereof;
(k) between 11 March 2006 and 17 October 2006, both dates inclusive, at Flat 2/2, 19 Wanlock Street, Glasgow you JOHN MILLIGAN did by means of electronic communications with a male known as Connor discuss committing sexual offences together against a child and gaining access to said [F] for the purpose of committing sexual offences against him;
(l) on 29 July 2006 at at an address in Currie, Edinburgh, Flat 2/3, 22 Marionville Road, Edinburgh and at Flat 2/2, 19 Wanlock Street, Glasgow you JOHN MILLIGAN and JAMES RENNIE did whilst acting together use lewd, indecent and libidinous practices and behaviour towards said [F] and you JAMES RENNIE did by means unknown to the Prosecutor sexually abuse him whilst you JOHN MILLIGAN did by means of a telephone listen to said sexual abuse being carried out and did speak to said [F];
(m) between 30 July 2006 and 26 October 2007, both dates inclusive, at Flat 3, 22 Marionville Road, Edinburgh and at Flat 2/2, 19 Wanlock Street, Glasgow or elsewhere you JOHN MILLIGAN and JAMES...
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