NEWS
11 Jun 2009
Full sentencing statement in remaining Operation Algebra convictions
Today at the High Court in Edinburgh Lord Bannantyne imposed custodial sentences on six accused after they were convicted of various offences in terms of the Civil Government (Scotland) Act 1982, sections 52 and 52A. These offences all involve indecent photographs of children.
Lord Bannatyne made the following statement in court:
“Before sentencing each of you there is a general point which I wish to make which applies to each of you.
You have all been convicted of various offences in terms of the Civil Government (Scotland) Act 1982, sections 52 and 52A.
These offences all involve indecent photographs of children.
I regard all of the offences in terms of these sections as being of the most serious nature.
These offences involve real children and many of the photographs, having regard to their Copine scaling, involve children being sexually abused, often in the most appalling ways.
There are real victims of these offences, namely the children who are photographed and abused.
In addition, these types of offences are serious in that they maintain the market for pornographic material. If there were fewer people willing to download such material, either for their own use or with the intention of distributing, the encouragement for those who manufacture these photographs, with all the clearly serious effects such manufacture must have on children, would be lessened.
Thus in approaching the sentencing of each of you in relation to the offences in terms of said sections in relation to which you have been separately convicted, I have taken into account the serious nature of these offences.
I have also had regard to the various extents in relation to which you are said to be a danger to the public and in particular children.
ROSS PHILLIP WEBBER
In coming to my view as to the appropriate sentences in relation to the matters upon which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea and the date when offered to the Crown though refused by the Advocate Depute;
the various factors that have been mentioned by way of mitigation on your behalf by Mr McKenzie;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short, I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences. Charges 23 to 26 are serious matters, for the reasons which I have already outlined. In addition, I note that the number of indecent photographs which you had was significant, namely 188, and included moving images.
I also note that a material proportion of those images were of such a nature that they fell into the two highest categories of the Copine scale. Forty seven of the still images and 24 of the videos were at level 4 and three of the videos at level 5 of the Copine scale.
Lastly, you were involved to a material extent in the distribution of this material.
As regards charge 54, you have been convicted of only part of that charge, however that part of the charge of which you have been convicted by its very nature remains very serious.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
In the whole circumstances:
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 23
The first part – the custodial term – is imprisonment for a period of 10 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 12 months imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely one year and 10 months.
Charge 24
The first part – the custodial term – is imprisonment for a period of 11 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 12 months imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely one year and 11 months.
Charge 25
The first part – the custodial term – is imprisonment for a period of 3 years and 9 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 5 years imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 4 years and 9 months.
Charge 26
The first part – the custodial term – is imprisonment for a period of 14 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 18 months imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 2 months.
Charge 54
The first part – the custodial term – is imprisonment for a period of 5 years.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 6 years.
The sentences in relation to charges 23 to 26 will run concurrently, a total extended sentence of 6 years but will run consecutively to the extended sentence on charge 54, a total of 10 years and 9 months.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. The clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
COLIN SLAVEN
In coming to my view as to the appropriate sentences in relation to the matters upon which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the various factors that have been mentioned by way of mitigation on your behalf by Mr Goddard;
the terms of the Social Enquiry Report;
the fact that you have previously been of good character;
I have borne in mind the period of time which you have spent in custody.
In short, I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 5, 6 and 8 are serious matters, for the reasons which I have already outlined. In addition, I note that the number of indecent photographs which you had was significant and included moving images.
I also note that a material proportion of those images were of such a nature that they fell into the second highest category of the Copine scale. Three of the still images were at level 4 and 15 of the videos were also at level 4 of the Copine scale.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 5
The first part – the custodial term – is imprisonment for a period of 12 months.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 2 years.
Charge 6
The first part – the custodial term – is imprisonment for 12 months.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 2 years.
Charge 8
The first part – the custodial term – is imprisonment for a period of 2 years.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 3 years.
These sentences will run concurrently, thus an extended sentence of 3 years.
In addition to these matters I have to deal with the wholly separate matter of the contempt of court.
I have taken into account what has been said on your behalf relative to the contempt of court.
However, this was a most flagrant and serious contempt of court. You arrived at court in such a drunken condition that the trial could not continue in your presence.
By your actions you caused material disruption in the proper and efficient running of this important trial in which there were also seven other accused.
In addition, your behaviour happened at a critical point in the trial.
In the whole circumstances there is only one possible sentence, namely a custodial one – you will go to prison for one year. That sentence will be consecutive to the other sentences I have passed.
In the circumstances I order that the sentence be backdated to when you were remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
CRAIG BOATH
In coming to my decision as to the appropriate sentence in relation to you I had regard to a number of factors.
I have taken into account amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown and the date at which it was tendered;
the various factors that have mentioned by Mrs Richards by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 31 to 34 and 51 are serious matters for the reasons which I stated at the outset.
Moreover, in your case the offences are materially aggravated by the number of indecent photographs, namely 31,385, and the nature of these photographs. I note that 2,393 still images and 339 videos are at Copine level 4; 1,261 stills and 15 videos are at Copine level 5.
Accordingly the amount of material is very significant and a significant proportion of that material is at the very high end of the Copine scale. In addition you took part in a material amount of distribution.
Charge 54, although you were not convicted of the whole charge, remains a very serious offence.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 31
The first part – the custodial term – is imprisonment for a period of 2 years, 6 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 3 years and 4 months imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 32
The first part – the custodial term – is imprisonment for a period of 2 years, 6 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 3 years and 4 months imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 33
The first part – the custodial term – is imprisonment for a period of 3 years, 9 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 5 years imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 4 years and 9 months.
Charge 34
The first part – the custodial term – is imprisonment for a period of 3 years.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 4 years imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 4 years.
Charge 51
The first part – the custodial term – is imprisonment for a period of 2 years.
No discount is appropriate as no please of guilty was offered in relation to this charge.
The second part – the extension period – is one year.
The total period will be the extended sentence of 3 years.
Charge 54
The first part – the custodial term – is imprisonment for a period of 6 years.
No discount is appropriate as no please of guilty was offered in relation to this charge.
The second part – the extension period – is one year.
The total period will be the extended sentence of 7 years.
The sentences in relation to charges 31 to 34 and 51 will run concurrently with one another, giving a total extended sentence of 4 years and 9 months. However they will run consecutively to the sentence on charge 54, giving a total extended sentence of 11 years and nine months.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
NEIL WILLIAM ARCHIBALD CAMPBELL
In coming to my view as to the appropriate sentences in relation to you, I have taken into account amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown;
the various factors that have mentioned by Mr Duguid, Q.C. by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 27-30 and 46 are all serious matters for the reasons which I outlined earlier. In addition, the amount of material recovered was significant. Some 928 indecent photographs were recovered. A material amount of the material recovered was at the higher end of the Copine scale; 175 of the still images and 64 of the videos being at Copine level 4 and 2 of the images and 8 of the videos being at Copine level 5. You were also involved in material distribution.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
In the whole circumstances:
Charge 27
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 28
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 29
The first part – the custodial term – is imprisonment for a period of 3 years and 4 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 4 years and 8 months imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 5 years and 4 months.
Charge 30
The first part – the custodial term – is imprisonment for a period of 2 years and 3 months, but for the early plea would have been three years.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 4 years and 3 months.
Charge 40
The first part – the custodial term – is imprisonment for a period of 2 years.
No plea was offered in relation to this accordingly no discount is appropriate.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 4 years.
The sentences will run concurrent with one another, giving a total extended sentence of 5 years and 4 months.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
JOHN MILLIGAN
In coming to my view as to what would be appropriate sentences in relation to the matters upon which you have been convicted by the jury I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown;
the various factors that have mentioned by Mr Stevenson by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 35 to 38 and 46 to 48 are very serious for the reasons I stated at the outset. However in your case there are, in my judgment, very material aggravations to these offences. The amount of the material was very significant, being 78,289 indecent images.
The nature of much of this material caused it to fall into the two highest categories in terms of the Copine scale.
10,604 still images and 753 videos were in category 4 of the said scale and 748 still images and 141 videos were in category 5. You were also involved in very substantial distribution.
In relation to charge 54 it is my judgment that from the evidence you played a very substantial part in this conspiracy. You were, as can be seen from the whole evidence including the chat logs and the evidence in relation to the particular subheads of the conspiracy upon which you appeared, at the heart of this most serious conspiracy and a very major player therein.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 35
The first part – the custodial term – is imprisonment for a period of 4 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 5 years.
Charge 36
The first part – the custodial term – is imprisonment for a period of 4 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 5 years.
Charge 37
The first part – the custodial term – is imprisonment for a period of 7 years.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 8 years.
Charge 38
The first part – the custodial term – is imprisonment for a period of 5 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 6 years.
Charge 46
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 47
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 6 months.
Charge 48
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 6 months.
Charge 54
The first part – the custodial term – is imprisonment for a period of 10 years.
The second part – the extension period – is for 2 years.
The total period will be the extended sentence, namely 12 years.
The sentences in relation to charges 35 to 38 and 46 to 48 will run concurrently with one another, they will however run consecutively with the sentence in relation to charge 54, this giving a total extended sentence of 20 years.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
JOHN PATRICK MURPHY
In coming to my decision as to an appropriate sentence to pass in relation to the offences of which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown and the stage at which it was tendered;
the various factors that have mentioned by Miss Forrest by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 39, 40, 41, 45 and 47 are serious matters for the reasons which I outlined at the outset.
In addition, you had a material number of indecent photographs and a substantial portion of these fell into categories 4 and 5 of the Copine scale.
However, I do accept that the amount of distribution was at the lowest possible level.
Clearly there is no alternative to a custodial sentence. No other method of dealing with you is appropriate.
Accordingly in the whole circumstances:
In relation to charge 39 the sentence of the court is a period of imprisonment for 9 months.
If you had not accepted your responsibility at an earlier stage by tendering your restricted plea of guilty, as when you did, the sentence would have been one years’ imprisonment.
In relation to charge 40 the sentence of the court is a period of imprisonment for 9 months.
If you had not accepted your responsibility at an earlier stage by tendering your restricted plea of guilty, as when you did, the sentence would have been 12 months imprisonment.
In relation to charge 41 the sentence of the court is a period of imprisonment for 2 years.
In relation to charge 45 the sentence of the court is imprisonment for 2 years.
In relation to charge 47 the sentence of the court is a period of imprisonment for 2 years.
The sentences will run concurrently with one another, giving a total sentence of 2 years imprisonment.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be 10 years.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.”
Lord Bannatyne made the following statement in court:
“Before sentencing each of you there is a general point which I wish to make which applies to each of you.
You have all been convicted of various offences in terms of the Civil Government (Scotland) Act 1982, sections 52 and 52A.
These offences all involve indecent photographs of children.
I regard all of the offences in terms of these sections as being of the most serious nature.
These offences involve real children and many of the photographs, having regard to their Copine scaling, involve children being sexually abused, often in the most appalling ways.
There are real victims of these offences, namely the children who are photographed and abused.
In addition, these types of offences are serious in that they maintain the market for pornographic material. If there were fewer people willing to download such material, either for their own use or with the intention of distributing, the encouragement for those who manufacture these photographs, with all the clearly serious effects such manufacture must have on children, would be lessened.
Thus in approaching the sentencing of each of you in relation to the offences in terms of said sections in relation to which you have been separately convicted, I have taken into account the serious nature of these offences.
I have also had regard to the various extents in relation to which you are said to be a danger to the public and in particular children.
ROSS PHILLIP WEBBER
In coming to my view as to the appropriate sentences in relation to the matters upon which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea and the date when offered to the Crown though refused by the Advocate Depute;
the various factors that have been mentioned by way of mitigation on your behalf by Mr McKenzie;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short, I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences. Charges 23 to 26 are serious matters, for the reasons which I have already outlined. In addition, I note that the number of indecent photographs which you had was significant, namely 188, and included moving images.
I also note that a material proportion of those images were of such a nature that they fell into the two highest categories of the Copine scale. Forty seven of the still images and 24 of the videos were at level 4 and three of the videos at level 5 of the Copine scale.
Lastly, you were involved to a material extent in the distribution of this material.
As regards charge 54, you have been convicted of only part of that charge, however that part of the charge of which you have been convicted by its very nature remains very serious.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
In the whole circumstances:
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 23
The first part – the custodial term – is imprisonment for a period of 10 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 12 months imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely one year and 10 months.
Charge 24
The first part – the custodial term – is imprisonment for a period of 11 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 12 months imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely one year and 11 months.
Charge 25
The first part – the custodial term – is imprisonment for a period of 3 years and 9 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 5 years imprisonment.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 4 years and 9 months.
Charge 26
The first part – the custodial term – is imprisonment for a period of 14 months.
If you had not accepted your responsibility at an earlier stage by tendering a plea of guilty, as and when you did, the sentence would have been 18 months imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 2 months.
Charge 54
The first part – the custodial term – is imprisonment for a period of 5 years.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 6 years.
The sentences in relation to charges 23 to 26 will run concurrently, a total extended sentence of 6 years but will run consecutively to the extended sentence on charge 54, a total of 10 years and 9 months.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. The clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
COLIN SLAVEN
In coming to my view as to the appropriate sentences in relation to the matters upon which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the various factors that have been mentioned by way of mitigation on your behalf by Mr Goddard;
the terms of the Social Enquiry Report;
the fact that you have previously been of good character;
I have borne in mind the period of time which you have spent in custody.
In short, I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 5, 6 and 8 are serious matters, for the reasons which I have already outlined. In addition, I note that the number of indecent photographs which you had was significant and included moving images.
I also note that a material proportion of those images were of such a nature that they fell into the second highest category of the Copine scale. Three of the still images were at level 4 and 15 of the videos were also at level 4 of the Copine scale.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 5
The first part – the custodial term – is imprisonment for a period of 12 months.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 2 years.
Charge 6
The first part – the custodial term – is imprisonment for 12 months.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 2 years.
Charge 8
The first part – the custodial term – is imprisonment for a period of 2 years.
The second part – the extension period – is for 12 months.
The total period will be the extended sentence, namely 3 years.
These sentences will run concurrently, thus an extended sentence of 3 years.
In addition to these matters I have to deal with the wholly separate matter of the contempt of court.
I have taken into account what has been said on your behalf relative to the contempt of court.
However, this was a most flagrant and serious contempt of court. You arrived at court in such a drunken condition that the trial could not continue in your presence.
By your actions you caused material disruption in the proper and efficient running of this important trial in which there were also seven other accused.
In addition, your behaviour happened at a critical point in the trial.
In the whole circumstances there is only one possible sentence, namely a custodial one – you will go to prison for one year. That sentence will be consecutive to the other sentences I have passed.
In the circumstances I order that the sentence be backdated to when you were remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
CRAIG BOATH
In coming to my decision as to the appropriate sentence in relation to you I had regard to a number of factors.
I have taken into account amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown and the date at which it was tendered;
the various factors that have mentioned by Mrs Richards by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 31 to 34 and 51 are serious matters for the reasons which I stated at the outset.
Moreover, in your case the offences are materially aggravated by the number of indecent photographs, namely 31,385, and the nature of these photographs. I note that 2,393 still images and 339 videos are at Copine level 4; 1,261 stills and 15 videos are at Copine level 5.
Accordingly the amount of material is very significant and a significant proportion of that material is at the very high end of the Copine scale. In addition you took part in a material amount of distribution.
Charge 54, although you were not convicted of the whole charge, remains a very serious offence.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 31
The first part – the custodial term – is imprisonment for a period of 2 years, 6 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 3 years and 4 months imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 32
The first part – the custodial term – is imprisonment for a period of 2 years, 6 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 3 years and 4 months imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 33
The first part – the custodial term – is imprisonment for a period of 3 years, 9 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 5 years imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 4 years and 9 months.
Charge 34
The first part – the custodial term – is imprisonment for a period of 3 years.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 4 years imprisonment.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 4 years.
Charge 51
The first part – the custodial term – is imprisonment for a period of 2 years.
No discount is appropriate as no please of guilty was offered in relation to this charge.
The second part – the extension period – is one year.
The total period will be the extended sentence of 3 years.
Charge 54
The first part – the custodial term – is imprisonment for a period of 6 years.
No discount is appropriate as no please of guilty was offered in relation to this charge.
The second part – the extension period – is one year.
The total period will be the extended sentence of 7 years.
The sentences in relation to charges 31 to 34 and 51 will run concurrently with one another, giving a total extended sentence of 4 years and 9 months. However they will run consecutively to the sentence on charge 54, giving a total extended sentence of 11 years and nine months.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
NEIL WILLIAM ARCHIBALD CAMPBELL
In coming to my view as to the appropriate sentences in relation to you, I have taken into account amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown;
the various factors that have mentioned by Mr Duguid, Q.C. by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 27-30 and 46 are all serious matters for the reasons which I outlined earlier. In addition, the amount of material recovered was significant. Some 928 indecent photographs were recovered. A material amount of the material recovered was at the higher end of the Copine scale; 175 of the still images and 64 of the videos being at Copine level 4 and 2 of the images and 8 of the videos being at Copine level 5. You were also involved in material distribution.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
In the whole circumstances:
Charge 27
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 28
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 29
The first part – the custodial term – is imprisonment for a period of 3 years and 4 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 4 years and 8 months imprisonment.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 5 years and 4 months.
Charge 30
The first part – the custodial term – is imprisonment for a period of 2 years and 3 months, but for the early plea would have been three years.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 4 years and 3 months.
Charge 40
The first part – the custodial term – is imprisonment for a period of 2 years.
No plea was offered in relation to this accordingly no discount is appropriate.
The second part – the extension period – is 2 years.
The total period will be the extended sentence, namely 4 years.
The sentences will run concurrent with one another, giving a total extended sentence of 5 years and 4 months.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
That is all.
JOHN MILLIGAN
In coming to my view as to what would be appropriate sentences in relation to the matters upon which you have been convicted by the jury I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown;
the various factors that have mentioned by Mr Stevenson by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 35 to 38 and 46 to 48 are very serious for the reasons I stated at the outset. However in your case there are, in my judgment, very material aggravations to these offences. The amount of the material was very significant, being 78,289 indecent images.
The nature of much of this material caused it to fall into the two highest categories in terms of the Copine scale.
10,604 still images and 753 videos were in category 4 of the said scale and 748 still images and 141 videos were in category 5. You were also involved in very substantial distribution.
In relation to charge 54 it is my judgment that from the evidence you played a very substantial part in this conspiracy. You were, as can be seen from the whole evidence including the chat logs and the evidence in relation to the particular subheads of the conspiracy upon which you appeared, at the heart of this most serious conspiracy and a very major player therein.
Clearly there is no alternative to a significant custodial sentence. No other method of dealing with you is appropriate.
I have decided to impose an extended sentence. I have decided to do that because of the gravity of the offences and in order to provide a measure of protection for the public.
I should explain that the first part of the extended sentence will be a custodial term – a period of imprisonment – but this period of imprisonment would not be the end of your sentence.
The second part will be the extension period – a period after your release during which you will be on licence. The conditions of your licence will be fixed by Scottish Ministers. If during this extension period you fail to comply with the conditions of your licence it may be revoked and you may be returned to custody for a further period in respect of this case. The court also has powers to deal with you if you commit another offence after your release from the custodial term of this extended sentence.
As far as the length of those periods of the extended sentence are concerned:-
Charge 35
The first part – the custodial term – is imprisonment for a period of 4 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 5 years.
Charge 36
The first part – the custodial term – is imprisonment for a period of 4 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 5 years.
Charge 37
The first part – the custodial term – is imprisonment for a period of 7 years.
The second part – the extension period – is one year.
The total period will be the extended sentence, namely 8 years.
Charge 38
The first part – the custodial term – is imprisonment for a period of 5 years and 6 months.
The second part – the extension period – is 6 months.
The total period will be the extended sentence, namely 6 years.
Charge 46
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 3 years and 6 months.
Charge 47
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 6 months.
Charge 48
The first part – the custodial term – is imprisonment for a period of 18 months.
If you had not accepted your responsibility at an early stage by tendering a plea of guilty, as and when you did, the sentence would have been 2 years imprisonment.
The second part – the extension period – is for one year.
The total period will be the extended sentence, namely 2 years and 6 months.
Charge 54
The first part – the custodial term – is imprisonment for a period of 10 years.
The second part – the extension period – is for 2 years.
The total period will be the extended sentence, namely 12 years.
The sentences in relation to charges 35 to 38 and 46 to 48 will run concurrently with one another, they will however run consecutively with the sentence in relation to charge 54, this giving a total extended sentence of 20 years.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be indefinitely.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.
JOHN PATRICK MURPHY
In coming to my decision as to an appropriate sentence to pass in relation to the offences of which you have been convicted I have taken into account, amongst other things:
your age and personal circumstances;
the terms of your restricted plea which was not accepted by the Crown and the stage at which it was tendered;
the various factors that have mentioned by Miss Forrest by way of mitigation on your behalf;
the terms of the Social Enquiry Report;
the fact that you have no previous convictions;
I have borne in mind the period of time which you have spent in custody.
In short I have taken into account everything that has been said on your behalf.
However, I also require to take other matters into account.
The fact remains that you have been convicted of serious offences.
Charges 39, 40, 41, 45 and 47 are serious matters for the reasons which I outlined at the outset.
In addition, you had a material number of indecent photographs and a substantial portion of these fell into categories 4 and 5 of the Copine scale.
However, I do accept that the amount of distribution was at the lowest possible level.
Clearly there is no alternative to a custodial sentence. No other method of dealing with you is appropriate.
Accordingly in the whole circumstances:
In relation to charge 39 the sentence of the court is a period of imprisonment for 9 months.
If you had not accepted your responsibility at an earlier stage by tendering your restricted plea of guilty, as when you did, the sentence would have been one years’ imprisonment.
In relation to charge 40 the sentence of the court is a period of imprisonment for 9 months.
If you had not accepted your responsibility at an earlier stage by tendering your restricted plea of guilty, as when you did, the sentence would have been 12 months imprisonment.
In relation to charge 41 the sentence of the court is a period of imprisonment for 2 years.
In relation to charge 45 the sentence of the court is imprisonment for 2 years.
In relation to charge 47 the sentence of the court is a period of imprisonment for 2 years.
The sentences will run concurrently with one another, giving a total sentence of 2 years imprisonment.
Sentence will be backdated to when you were first remanded in custody in connection with these proceedings.
Sexual Offences Act 2003
You have been previously told that you are subject to the notification requirements contained in the Sexual Offences Act 2003. A clerk of court will issue you with amended details shortly. The period for which you will be subject to that Act will be 10 years.
Protection of Children (Scotland) Act 2003
I also propose to refer your case to the Scottish Ministers for your inclusion in the list of persons unsuitable to work with children – under the Protection of Children (Scotland) Act 2003. This will be done once the time limit for leave to appeal against the referral expires (14 days) without leave being granted or any such appeal being dismissed or abandoned. I shall direct that the referral be recorded in the Record of Proceedings and I should inform you that a person included in the list is disqualified from working with children in a child care capacity.”
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