Trio of rapists could be facing longer sentences

Prosecutors have asked appeal judges to devise sentencing guidelines for rape cases, following a series of “unduly lenient” sentences being imposed.

Lord Advocate Dorothy Bain KC asked judges Lady Dorrian, Lord Pentland and Lord Matthews to provide guidelines.

Ms Bain, Scotland’s most senior prosecution lawyer, made the request during a hearing at the Court of Criminal Appeal in Edinburgh.

She has gone to the court in the hope of persuading judges to impose lengthier sentences on three men recently convicted of rape.

Ms Bain said judges were wrong to impose a 45month sentence on Luke Bertorelli, from Dunfermline, a four-year sentence on Jamie Ironside, of Inverness, and a near-six-year sentence on John Todd, from Perth.

She asked the court to pass sentencing guidelines as watchdogs at the Scottish Sentencing Council have not yet completed their guidance.

Ms Bain made the request moments after beginning her submissions regarding the sentences given to the three men.

Bertorelli, a former farm worker, raped three women.

One woke to find him having sex with her and after she shouted “no” at him he told her he “deserved it”.

Ms Bain told the appeal judges that judge Lord Sandison failed to take into account all of the circumstances surrounding Bertorelli’s offending.

Ms Bain said Lord Sandison had characterised Bertorelli’s behaviour as being “immature”, “selfish” and “childish”.

Ms Bain said a social worker appointed by the court to find out about Bertorelli’s background had heard him speak about how he felt able to take “control” of women and “revenge” against them.

The social worker also believed Bertorelli thought he was “entitled” to have sex with women and had “misogynistic” and “patriarchal” attitudes which were problematic for authorities wanting to manage the risk he posed post release.

Ms Bain told the court Lord Sandison had not paid enough attention to this in his considerations.

She added: “By characterising his behaviour as selfish, childish and immature, he has misdirected himself when passing sentence.

“He seems to have misunderstood what the impact of Mr 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.”

A court heard how John Todd, 34, tightened a noose around a woman’s neck until she blacked out, before raping her.

Todd’s victim came round in a barn at a small village in Fife to find herself tied up with her trousers and pants around her ankles.

The woman was one of three victims of a series of sex crimes perpetrated by Todd over a five-year period in Perth, Angus and Fife.

He was sentenced to nine and a half years’ imprisonment but the judge said, after taking into account lengthy periods spent on remand, he would serve five years and 10 months.

Ironside preyed on his two victims at addresses in Inverness between January 2006 and February 2012, including choking one before raping her.

All three offenders observed proceedings at the court in Edinburgh’s Parliament House via video link from prison.

Bertorelli’s counsel Donald Findlay KC disagreed.

He said of his client: “He has a prison sentence but beyond that he is subject of a Sexual Offences Prevention Order which will regulate him for the rest of his life.”

Lady Dorrian told the lawyers in the cases that the court would issue its decision in the near future.

UNDULY LENIENT: The cases of three men were discussed, including serial rapist John Todd, left; and Luke Bertorelli, who raped three women.