ALISTAIR FERGUSSON SENTENCED IN SCOTLAND FOR MULTIPLE SEXUAL OFFENCES
Alistair Fergusson was found guilty of 16 sexual offences committed against four different complainants.Two of the victims were his former partners, while the other two were the daughters of one of those partners.
His charges included indecent assaults on his partner and sexual offences involving her daughters, resulting in a significant sentencing decision.
Originally, Fergusson was sentenced to 14 years in prison with an additional four-year extension period.
The Crown appealed against what was perceived as a too lenient sentence, prompting the High Court of Justiciary to review the case.
During the appeal, Lord Carloway, speaking for the court, criticized the methods used by the trial judge, noting that the separation of offences created difficulties in understanding the cumulative nature of the sentences.
Lord Carloway stated, “What ought to occur, if a cumulative sentence is selected, is that the judge should explain, at the time, what sentence would have been selected had the offence, or group of offences, stood alone and why a cumulative sentence of a lesser amount than the sum of the various sentences had been selected.” He also expressed concern over the initial sentences for serious crimes such as attempted and completed rapes, suggesting they were lenient.
Nonetheless, the Court ultimately upheld the total sentence of 18 years extended imprisonment.
Despite procedural errors in the trial, the court found that the original sentence was appropriate and that if the sentences had been reconsidered, they would have reached a similar conclusion.
In conclusion, Lord Carloway remarked, “it would have to answer that in the negative” regarding whether the sentences were too lenient, reaffirming the seriousness of Fergusson's crimes and the appropriateness of the extended sentence.
