Cameron Jackson v. Her Majesty’s Advocate [2018] HCJAC 33

Note of appeal against sentence:- On 27 March 2018, at a first diet at Hamilton Sheriff Court, the appellant pled guilty on indictment to a penetrative sexual assault of a young woman whilst she was asleep, contrary to section 2 of the Sexual offences (Scotland) Act 2009. The appellant was sentenced to 2 years imprisonment discounted from 30 months to reflect the plea of guilty. The appellant appealed against his sentence on the grounds that it was excessive it being submitted:- (1) that a custodial sentence was unnecessary; and (2) if a custodial sentence was necessary the sentence of 2 years imprisonment was excessive. Here it was submitted on behalf of the appellant that:- (a) the appellant was intoxicated; (b) the offence was out of character and he had been friendly with the complainer prior to the incident; (c) whilst it was accepted there had been a breach of trust the appellant had immediately expressed remorse; (d) the appellant had a good work history and there was a positive Criminal Justice Social Work Report; and (e) the appellant had never received a custodial sentence previous and enjoyed the protection afforded by section 204(2) of the Criminal Procedure (Scotland) Act 1995. Here the court considered that, in light of the gross breach of trust, the only appropriate sentence was one of imprisonment, however, the court did accept that the starting off point of 30 months was excessive. Here the court quashed the sentence and substituted a sentence of 18 months imprisonment, discounted from 24 months to reflect the plea of guilty at the first diet. The court did not interfere with the sheriff’s sentence in relation to the notification requirements under the Sexual Offences Act 2003 and the non harassment order which the sheriff imposed.