FK v. Her Majesty's Advocate

Background circumstances On 13 May 2004 the appellant was convicted by a majority decision of the jury at the High Court at Glasgow of four charges. The terms of the charges, after deletions and amendments, were as follows:

"(1) on various occasions between 20 June 1983 and 17 May 1989, both dates inclusive, at (location A), (location B), (location C) and elsewhere you did use lewd, indecent and libidinous practices and behaviour towards SR, your niece, born 18 May 1997 ... and did rub your private member against her private parts, handle her private parts and hinder parts, place Vaseline on to her hinder parts, attempt to insert your private member into her private parts, insert your fingers into her hinder parts;

(3) on various occasions between 18 May 1991 and 17 May 1993 , both dates inclusive, (location B), (location A), and (location C), you did assault SR, your niece, born 18 May 1977 and did have unlawful sexual intercourse with her: CONTRARY to the Sexual Offences ( Scotland ) Act 1976, section 4; and

(4) on an occasion between 21 December 1992 and 20 December 1994, both dates inclusive, at (location B), you did use lewd, indecent and libidinous practices and behaviour towards AJR, your niece, born 21 December 1984 ... and did lift her upper clothing exposing her breasts, get into bed with her, place your hand inside her nightwear, and handle her buttocks, handle her private parts and insert your finger into her private parts."

On 10 June 2004, the appellant was sentenced to a total period of seven years imprisonment, five years being in respect of charges (1) and (4) and two years being in respect of charges (2) and (3), these periods of imprisonment being ordered to run consecutively.