Rapist spared jail due to his younger age says he suffered a ‘miscarriage of justice’ as his attorneys declare trial choose misdirected the jury

A rapist who prevented jail due to his younger age suffered a ‘very vital miscarriage of justice’, attraction judges heard yesterday.

Sean Hogg, 22, was positioned on a group payback order earlier this 12 months after he was convicted of raping a 13-year-old schoolgirl at Dalkeith Nation Park in Midlothian.

Underneath new court docket steerage, criminals beneath the age of 25 are handled extra leniently due to their alleged mind immaturity.

At Hogg’s sentencing on the Excessive Courtroom in Glasgow in April, Lord Lake stated that he had thought of the rules.

However Hogg’s lawyer, Donald Findlay, KC, instructed judges Girl Dorrian, Lord Matthews and Lord Pentland on the Courtroom of Legal Enchantment yesterday that his shopper had been being wrongly convicted.

Sean Hogg (pictured) was positioned on a group payback order earlier this 12 months after he was convicted of raping a 13-year-old schoolgirl

Underneath new court docket steerage, criminals beneath the age of 25 are handled extra leniently due to their alleged mind immaturity

Mr Findlay stated Lord Lake didn’t correctly observe the proper authorized procedures utilized in Scotland to determine the guilt of a rapist.

The defence lawyer instructed the court docket that the complainer whose proof led to Hogg’s conviction needed to have her account of being sexually assaulted corroborated.

Mr Findlay stated Lord Lake instructed jurors in his authorized instructions that the complainer’s proof could possibly be corroborated by an account of a person who stated that she appeared ‘distressed’ following the incident which led to Hogg’s conviction.

The lawyer instructed the court docket that it was incorrect for Lord Lake to have instructed the jurors this.

He stated the witness’s account of ‘misery’ couldn’t corroborate the complainer’s account.

Mr Findlay stated: ‘My submission is that the jury had been misdirected by the trial choose and it pains me to say this however there was a really vital miscarriage of justice by the hands of the choose.’

Jurors heard at Hogg’s trial that he was 17 when he preyed on the 13-year-old schoolgirl, who can’t be named for authorized causes.

Courtroom papers state that Hogg attacked her on numerous events between March and June 2018 and carried out an assault by threatening {the teenager}, seizing her by the wrists and raping the teen.

In addition to being ordered to hold out unpaid work, Hogg was put beneath supervision and positioned on the intercourse offenders’ register for 3 years.

On sentencing Hogg, Lord Lake stated: ‘Rape is without doubt one of the most severe crimes and that’s the reason it’s tried on the Excessive Courtroom.

‘Wanting on the circumstances, her age and vulnerabilities are aggravating components. For the extent of seriousness, I’ve to think about your legal responsibility and have regard to your age as an element.

‘This offence, if dedicated by an grownup over 25, you appeal to a sentence of 4 or 5 years.

‘I don’t contemplate that acceptable and don’t intend to ship you to jail. You’re a first offender with no earlier historical past of jail; you’re 21 and had been 17 on the time. Jail doesn’t lead me to imagine it will contribute to your rehabilitation.’

Papers lodged by Hogg’s attraction staff state that in his closing authorized instructions, Lord Lake instructed jurors that the account given by the witness might ‘corroborate’ the complainer’s proof about being raped and this was a ‘materials misdirection’, leading to a ‘miscarriage of justice’.

The court docket additionally heard that events concerned within the case apparently knew the decision ‘couldn’t stand’ and was incompetent when the jury returned with it.

Mr Findlay stated that Lord Lake’s actions resulted in a verdict being ‘allowed to face that ought to not have been allowed to face’.

Prosecutor Ruth Charteris, KC, instructed the court docket the Crown believed that there was sufficient proof to permit it to take care of Hogg’s conviction. If the attraction judges rule in opposition to Hogg, then the Crown will make submissions to the court docket about his sentence being unduly lenient.

Girl Dorrian stated: ‘We are going to take our time to think about the problems on this case and we’ll concern our choice in writing sooner or later.’

Talking after the case, the complainer’s lawyer Aamer Anwar stated: ‘My shopper in April of this 12 months was left devastated. So far as she is anxious, she got here ahead. She instructed the reality. She spoke up. She believes the police and the jury did its obligation.

‘There’s rather more that she needs to say however it will be inappropriate to remark additional till the Enchantment Courtroom points its judgment.’