Bain asks judges to toughen sentencing guidelines for rapists

Dorothy Bain KC

She made her submissions at the Appeal Court of the High Court of Justiciary, where the cases of three sex offenders are being considered.

She said the judge in one case was wrong to impose a sentence of 45 months on Luke Bertorelli, who was convicted of 11 offences including three charges of rape.

Ms Bain also criticised a four-year sentence imposed on another violent sex offender and one of five years and 10 months for one found guilty of crimes against three women.

Lord Sandison, she said, had failed to take account of all the circumstances in the first case and that a social worker had said the accused displayed “misogynistic” and “patriarchal” attitudes. Ms Bain said the judge had failed to give the report enough weight.

“By characterising [Bertorelli’s] behaviour as selfish, childish and immature, he has misdirected himself when passing sentence. He seems to have misunderstood what the impact of Bertorelli’s behaviour has been on the complainers in the case.

“He has failed to understand the nature of this type of offending. I look at the errors of the trial judge and I say it results in an unduly lenient sentence.”

Counsel for Mr Bertorelli, Donald Findlay KC, said his client had been been sentenced to prison and been made the subject of a sexual offences prevention order.

He urged against the creation of new guidelines in relation to sex offences. He said: “It is not what this court is designed to do. We have a sentencing council for that purpose.”