Man who raped, murdered woman given lighter sentence due to his age - distressing story

[ArabeIIaScott]

This is a really horribly upsetting case, and the news stories are upsetting so content warning on the link.

What is the absolute final insult right now is the fact he's got a lighter sentence because he's 23.

https://news.sky.com/story/jill-barclay-man-23-who-raped-mum-of-two-in-aberdeen-and-burned-her-alive-given-lesser-sentence-due-to-young-age-12888501

'Jailing Bennett for life, Lord Arthurson said: "I have determined on the particular facts of this case that the notional headline punishment part of that sentence should sit at a period of 29 years.
"Taking into account, as I require to, the circumstances of your early plea and the engaged guidelines for the sentencing of offenders under 25, and approaching these discounting elements on an in cumulo basis, I fix the actual punishment part of your life sentence at a period of 24 years.'

Scotland, and the Scottish government: fuck you to hell.

@MissLucyEyelesbarrow

I did not know that it wasn't taught with that but when I covered it at uni. Thank you for enlightening me.

I cried when I read about this case yesterday - it is absolutely horrific.

It's beyond belief that in this and a recent case involving a 13 year old being raped, there is leniency given due to the age of the offender. The Scottish Sentencing Council appears to be the statutory body who produced these guidelines - www.scottishsentencingcouncil.org.uk/

Oh, hey.

https://www.scottishsentencingcouncil.org.uk/news/news/victims-views-sought-in-scottish-sentencing-council-research-projects/

'Victims of sexual offences and domestic abuse are being asked for their views on sentencing as part of research projects commissioned by the Scottish Sentencing Council.
The research will gather data on victims’ experiences of sentencing, how sentencing was communicated to them, and the factors they would like to see taken into account in sentencing.
Dr Oona Brooks-Hay, of the University of Glasgow, will lead research on sexual assault and rape, while Prof Nancy Lombard, of Glasgow Caledonian University, will explore domestic abuse sentencing.
A third project, led by Dr Jay Gormley, of the University of Glasgow, will also explore public understanding and perceptions of sentence discounting.
The in depth research will help to shape the Council’s evidence-led development of sentencing guidelines.
Developing guidelines for the Scottish courts is a key part of the Council’s work and involves extensive research and engagement across the justice system and with interested groups.'

The sexual offences research includes victims and survivors, aged 18 or
over, who have gone to court in a rape or sexual assault case in
Scotland where there has been a conviction and sentence between 2018 -
2023. For further information, contact [email protected].
The domestic abuse research involves victims
and survivors of domestic abuse involved in cases where the perpetrator
was convicted. For further information, please contact
[email protected].

This was the consultation on sentencing for young people. Closed in 2020.

https://consultations.scottishsentencingcouncil.org.uk/ssc/young-people/

As others have already said, the idea that being under 25 should mean a reduction in sentence length might be a reasonable proposal for things like fraud, theft, dangerous driving (not leading to injury/deaths), maybe. Things where immature behaviour is likely to lead to poor decision making.

But not this kind of ultra violent sustained attack, combined with deliberate violent attempts to cover up evidence. That's never the result of immature decision making. There must be thousands of 18 to 25 year olds who are working, studying, living on their own or in shared accommodation who go about their daily business like any other adult. To suggest that they are less culpable for their actions is bizarre.

Yes. I might make a new thread for that consultation on sexual abuse and dv.

As PP have said, some leniency for stupid shit under 25, like driving off without paying for petrol, fair enough.

But that was a hideous attack, violent, degrading and extreme. Will he ever be safe to be released?

That poor, poor woman. That poor family.

I totally agree.

Welcome to Scotland under the SNP

They have truly shat on women

I read the sentencing statement. He was diagnosed with ASD by a psychiatrist (I gather as part of the judicial process) however it was deemed not to have had any impact on his culpability

There was an article in the P&J that had some information on him. A loner, very interested in military history, a 'gun nut', apparently. No mention of any previous red flags for this type of behaviour, but it wasn't a very comprehensive article.

I assumed that "his age" was going to refer to a very elderly man who had pleaded oncoming dementia for change in behaviour, not a 25-yr old adult in the prime of life!

Ponderingwindow - wrt how a rape such as this should carry a life sentence in it's own right, I believe rape is deliberately kept at a lower penalty than murder to try to keep some incentive not to subsequently kill every woman who is raped - if the sentences for the offences were the same then all rape victims would be killed to ensure their silence as it wouldn't make the sentence worse anyway, but would severely reduce the risk of being caught.

Her babies were only 6 and 8 :(

it is just too awful

I work with offenders someone who can do that is beyond any complete rehabilitation at any age It wasn't an accident a one punch kill he deliberately, killed , raped and then mutilated her body so her poor family couldn't even see her. It's incredibly cold , callous and there's no redeeming points it's pure evil.

Unless he had some kind of psychotic illness it should be a whole life order.

Your best hope is he gets moved to a secure unit it takes a lot longer to ever leave Some been inside from murders from the 1960s there's no time limit hospitals decision.

I got a response from my MSP's office, saying they're taking it up with the Scottish Government Justice Minister - though since it was discussed yesterday in First Minister's Questions re Sean Hogg, and Humza said the guidelines were not a government matter, I'm not sure if they are able to effect any change.

He should be carried away.a long way away...and dumped inside an active volcano. He shouldn't be alive.

Was the sentencing the same for the young man who murdered the young girl in Bute?

They should both be in prison for their whole lives.

These guidelines only came into effect in January 2022.

The Bute killer, Aaron Campbell, was 16 at the time of the murder, in 2018, and apparently got a minimum of 27 years, reduced on appeal to 24.

The charming Rhys Benett got 24 - might apparently have got 29 but for his age (!) and his guilty plea.

Oh, and checking those facts I saw that Aaron Campbell got put in hospital by a fellow inmate last year. While I don't really condone any kind of violence, I will make an exception for him.

24 years is not nearly enough.

How come in the past the likes of Ian Huntley etc had whole life terms and others in similar situations don’t.

It's a Crown appeal that appeals a sentence. I'm not quite sure who has the ability to make the decision - I think it might be Lord Advocate, Dorothy Bain?

https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/lord-advocate/

https://www.hse.gov.uk/enforce/enforcementguidesc/appeals.htm

'Crown Appeal The prosecutor - who puts the case against the offender in a trial - can appeal against a sentence if they think it is too low (below what would be the normal range). In some cases they can appeal against a ‘not guilty’ or ‘not proven’ verdict. But this is only when a judge heard the case without a jury and the appeal is about a point of law.'

https://www.scottishsentencingcouncil.org.uk/about-sentencing/sentences-and-appeals/

I see. But for me it's not about this sentence per se, it's the principle that a sentence can be adjusted downwards for under-25s, no matter how horrific the crime. I think that's just wrong.

Yes, I wholeheartedly agree.

That's two cases - a horrible rape case of a girl and this awful rape and murder - that have led to a more lenient sentence.

As others have said, that makes sense in terms of some crimes. But not this. Rape and murder is not something you do by accident out of callow inexperience.