A rapist who was controversially spared jail after attacking a 13-year-old girl has been admonished after breaching a court order imposed on him as an alternative to imprisonment.
Sean Hogg was placed on a community payback order earlier this year, which included supervision requirements and carrying out 270 hours unpaid work, after he was convicted of raping the child at Dalkeith Country Park, in Midlothian.
But Hogg, who plans to appeal against his conviction and faces a Crown appeal against the sentence imposed on him as “unduly lenient”, appeared at the High Court in Edinburgh 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”.
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 Hogg has carried the “equivalent of over 100 hours” of the unpaid work order. He said: “He is currently waiting a placement to complete the remaining 169 hours.”
Mr Findlay said Hogg was now in an ongoing relationship with a woman who was aware of the background.
He said: “He has also taken steps to address what has been in the past a problem for him, a problem with alcohol.”
He said Hogg was aware of the dangers it posed for him and has been alcohol free for four weeks.
The defence counsel said there had been a mix up over Hogg’s medication for ADHD and he did not receive it, but that has been resolved.
Mr Findlay said he and defence solicitors had gone through with Hogg the various matters that were brought to the court’s attention.
He said it appeared that Hogg did not quite grasp that ten o’clock meant ten and not ten past ten, let alone 11 o’clock.
The defence counsel 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 that there were no concerns of reoffending and the requirements already put in place were considered adequate to manage the case.
Lord Lake asked Hogg: “Are you willing to comply with all the terms of the community payback order?” He replied: “Yes, my lord.”
Hogg, formerly of Hamilton, in South Lanarkshire, was earlier found guilty of assaulting, threatening and raping the girl on various occasions between March 3 and June 10 in 2018 after denying the offence, which was committed when he was a teenager.
A further review of the order will take place at the High Court in Glasgow on September 13.
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