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[1] On 13 October 2011 the appellant appeared at Edinburgh High Court when he pled guilty in terms of section 76 of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act") to an indictment containing the following charge:
"On 16 March 2011 at [address] you J G W did assault R M, born 24 April 2008, ....punch her on the head, bite and scratch her on the body, seize her by the body, force her legs apart, penetrate her vagina with your fingers, penetrate her anus with your fingers and strike her on the vagina, all to her severe injury".
Background [2] In July 2010, when he was aged 23, the appellant met the mother of the complainer and he moved into her home. In January 2011 the complainer's mother obtained a job as a carer which involved shift work. The appellant assisted her by taking the complainer, who was 2 years 11 months at the date of the offence, to and from nursery when her mother was not available to do so. Tensions arose between the appellant and the complainer and their relationship deteriorated.
[5] At the hospital the complainer was so distressed that the medical examination of her had to be carried out under general anaesthetic. The following injuries were found:
(i) significantly swollen and bruised upper lip and frenulum; bruising inside the mouth
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