EDINBURGH OFFENDER JC SENTENCED FOR BRUTAL ASSAULT ON DISABLED CHILD

On the 29th of February, 2024, the High Court of Justiciary in Edinburgh heard the case of JC, who pleaded guilty under section 76 procedure to a serious and disturbing assault involving a 10-year-old boy. The incident, which took place in Edinburgh, involved multiple acts of violence that caused physical injuries to the child and posed a significant risk to his life.

Following the guilty plea, Lord Doherty delivered the sentencing on April 2, 2024. JC was sentenced to a term of three years and four months in prison. Additionally, he was ordered to serve a supervised release period of 12 months after his release from incarceration. The court emphasized the gravity of the offense and the vulnerability of the victim, who suffers from severe cerebral palsy since infancy.

Lord Doherty’s sentencing remarks detailed the nature of JC’s assault. The defendant was found to have repeatedly struck the child on the head and body, inflicting injuries that included grazing and bruising on the right side of his face, swelling of his upper lip, bruising around his nose, cheekbone, and eyes, as well as extensive bruising on both buttocks and legs. The court noted that some injuries to the child's face were consistent with an attempted smothering, which could have been fatal. The assault also involved placing and holding a pillow over the child's face, applying pressure that could have resulted in suffocation.

The court acknowledged that the child, who has been severely disabled since he was eight weeks old, requires round-the-clock care provided by his mother and JC. On the day of the assault, JC was left in charge of the child and his siblings while the mother was out for the evening. It was revealed that JC had consumed two bottles of Buckfast wine, which contributed to his erratic behavior. His actions during this period caused significant physical harm to the child, who made a full recovery from the injuries. Although there are no obvious signs of long-term emotional or psychological damage, the court noted the difficulty in assessing this due to the child's inability to speak.

In his remarks, Lord Doherty acknowledged that prior to this incident, JC had been a responsible caregiver, working diligently and contributing positively to his family. The court recognized that the events of that evening were out of character and that JC had been suffering from mild to moderate depression and possible caregiver stress. However, the excessive alcohol consumption that night was identified as the primary factor behind his violent behavior. JC has a history of violence when intoxicated, although not in a domestic context. The court noted his genuine remorse and desire to make amends.

Despite these mitigating factors, the court emphasized the seriousness of the assault on a vulnerable child and the potential for much worse outcomes. The sentence was influenced by JC’s early guilty plea, which resulted in a reduced sentence. Had he not pleaded guilty, the sentence could have been extended to seven years—five years in custody with an additional two-year extension. Instead, the court imposed the current sentence, which includes a supervised release order to be served after imprisonment. JC is required to report regularly, keep his address updated, and adhere to all supervision conditions. Breaching these conditions could lead to reimprisonment. JC confirmed his understanding of these requirements.

In conclusion, JC was sentenced to a total of three years and four months in prison, with a 12-month supervised release order, backdated to May 30, 2023. The court’s decision reflects the severity of the offense, the harm caused to a vulnerable child, and the need for appropriate punishment and supervision to prevent future harm.