Scotland’s most senior law officer has urged appeal judges to overturn an “unduly lenient” eight-year prison sentence given to a man jailed for raping three women.
The Lord Advocate Dorothy Bain KC told the Court of Criminal Appeal in Edinburgh that judge Lord Summers should have given a longer sentence to Ruaraidh McCartney.
The 30-year-old farm worker was given an eight-year sentence following proceedings at the High Court in Lanark earlier this year.
McCartney – who is currently serving his time at HMP Low Moss in Bishopbriggs – subjected three females to a series of sickening sexual assaults in Stirling, Perthshire and Clackmannanshire.
Farm worker McCartney, originally of Comrie, Perthshire, raped his victims after they had withdrawn their consent for sex.
For raping the first woman, Lord Summers imposed a jail term of one year.
He imposed a two-year term for attacks on the second woman and five years for the assaults on the third woman.
Lord Summers ordered the sentences should run consecutively.
Judge’s failure claim
On Friday, Ms Bain told appeal judges Lady Dorrian, Lord Matthews and Lord Boyd their colleague had failed to properly consider the risk McCartney posed to women and victims.
The evidence of the risk emerged during interviews with court-appointed social workers.
He showed no remorse, stating his victims had “conspired” against him to get compensation.
Ms Bain told the appeal judges Lord Summers should have imposed a period of post-release supervision to help manage the level of risk he posed to the public.
She said: “He has failed to explore with any degree of seriousness the question of the risk posed by the respondent.
“He has stated it was a malicious prosecution on the part of the complainers.
“The court should impose a significant cumulo sentence in order to protect women and the public.”
Young offender sentencing guidelines
During the trial, the court heard how McCartney targeted his first victim at locations in Perthshire between December 2011 and September 2016 and repeatedly raped her.
His attacks on the second woman took place in 2019 at a location in Stirling.
The judge rejected a bid to impose non-harassment orders on McCartney, telling him he will be in prison for a “substantial” period of time and not be in “a position to harass anyone” while behind bars.
Legal papers lodged with the appeal court on behalf of the Crown state Lord Summers failed to identify “applicable aggravations” to McCartney’s offending nor “indicate the weight to which he attached to them.”
The papers also state “too much weight” was attached to McCartney’s age.
The Crown claim this should not have happened as he was “aged 25 to 27” during some of the offences, although was 18 at the time he preyed on his first victim.
Judges in Scotland have to consider sentencing guidelines for people aged under 25 – imposing lesser sentences as their brains have not fully matured and they have a greater chance of rehabilitation.
Defence
Defence advocate Tony Graham KC told the court he believed Lord Summers had imposed the correct length of sentence on his client.
He said he believed the judge had, however, made mistakes in how he had justified imposing the term.
The appeal court judges told the lawyers they want time to consider their decision in their case and will make a judgement in writing later.
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