A pervert who dodged jail after raping a 13-year-old girl because of new SNP soft-touch guidance has again walked free after breaching the court order designed to keep him on the streets.
Sean Hogg was convicted earlier this year of raping the child at Dalkeith Country Park in Midlothian.
But the case caused outrage after the 21-year-old avoided being sent to prison because of his age.
Instead, he was placed on a community payback order, which included supervision requirements and carrying out 270 hours of unpaid work.
But the rapist – who plans to appeal against his conviction and also faces a Crown appeal against the ‘unduly lenient’ sentence imposed on him – appeared at the High Court in Edinburgh yesterday and admitted breaching the order. Hogg’s counsel, Donald Findlay, KC, said that on behalf of his client he tendered ‘a full apology to the court’.
Sean Hogg was convicted earlier this year of raping the child at Dalkeith Country Park in Midlothian
The 21-year-old from Hamilton, Lanarkshire, is pictured outside the High Court in Glasgow
He said: ‘I have, in what I think might be described as clear and unequivocal terms, explained to him the opportunity afforded to him by the court.’
The defence counsel said that Hogg has carried out the ‘equivalent of over 100 hours’ of the unpaid work order. He told the court: ‘He is currently waiting a placement to complete the remaining 169 hours.’
Mr Findlay said Hogg was now in a relationship with a woman who knows of the background.
He added: ‘He has also taken steps to address what has been in the past a problem for him, a problem with alcohol.’
Mr Findlay said Hogg has been alcohol-free for four weeks.
The defence counsel said there had been a mix-up over Hogg’s medication for ADHD [attention deficit hyperactivity disorder] and he did not receive it – but that had been resolved.
Mr Findlay told the court it appeared Hogg did not quite grasp that 10 o’clock meant 10 o’clock and not 10 past 10, let alone 11 o’clock.
Mr Findlay said: ‘He can begin to try to build something or he can sit in prison.
‘Given those two choices I can’t understand why he would do anything other than apply himself to the first option.’
The sentencing judge, Lord Lake, said: ‘I am minded in respect of the admitted breach simply to admonish and take no further action.’ The judge said he noted there were no concerns of re-offending.
His victim, who is now 18, was diagnosed with PTSD, suffered from panic attacks and self-harmed on a daily basis following the attacks. Pictured: The girl alongside her grandparents
A judge at the High Court in Glasgow (pictured) ordered Hogg, of Hamilton, Lanarkshire, to undergo 270 hours of unpaid work, sparking outrage and calls to review sentencing guidelines
Lord Lake asked Hogg: ‘Are you willing to comply with all the terms of the community payback order?’
He replied: ‘Yes, my lord.’
Scottish Conservative justice spokesman Russell Findlay said: ‘Due to the SNP quango’s under-25 sentencing guidelines, serious criminals like this are avoiding a jail sentence.
‘But having flouted his community service, this child rapist is still allowed to remain free. Law-abiding Scots might well wonder what it would take for him to be locked up. The original sentence in this case was devastating to his victim and she is entitled to feel further sickened at his latest soft-touch treatment.’
In April, Hogg was found guilty of assaulting, threatening and raping the girl on various occasions between March 3 and June 10 in 2018.
But the case prompted anger when Lord Lake said sentencing guidelines state rehabilitation rather than a punishment should be the primary consideration for those under 25.
The judge said that if Hogg had been over that age, he would have received a jail sentence of four or five years.
Source: | This article originally belongs to Dailymail.co.uk
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