A sex offender who assaulted a woman while she was incapacitated by her medication has failed to overturn the prison sentence handed to them after admitting to the crime.
Gender-fluid Laura Miller was jailed for 23 months for sexually assaulting their victim, who was incapable of consenting, on several occasions.
They even filmed one of the indecent assaults as their victim was sleeping.
But lawyers acting for Miller, 29, appealed against the punishment and argued that the case could have been handled with a non-custodial sentence instead of jail time.
At the Court of Criminal Appeal in Edinburgh, defence solicitor advocate Ann Ogg argued that the sheriff who imprisoned Miller had erred in deciding that only a custodial sentence was appropriate.
She invited appeal judges to quash the jail sentence and instead impose a community based alternative disposal.
‘The prison term was excessive’
Miss Ogg also maintained that the prison term was excessive and should be reduced if the judges did not agree with her primary submission.
But Lord Malcolm, who heard the appeal with Lord Matthews, said: “Given the nature and gravity of the offending conduct, the court considers only a custodial sentence is appropriate.”
The senior judge said they were also unable to categorise the headline sentence selected by the sheriff of 24 months, which was reduced following a guilty plea, as excessive.
Lord Malcolm said that the victim suffered from a medical condition which required her to take medication that rendered her either unable to move or placed her in a deep sleep.
Miller admitted sexual assault
He said: “On several occasions the appellant took advantage of this to handle her breasts, vagina and buttocks.”
Lord Malcolm said that on one occasion Miller also filmed the removal of her clothing and touching of her private parts.
Miller, of Brediland, Paisley, in Renfrewshire, had admitted sexually assaulting the woman at a house on the Isle of Skye between February and October in 2017, during an appearance at Inverness Sheriff Court.
Miss Ogg told the appeal judges that Miller had a difficult background and currently identifies as bisexual and gender fluid.
Community payback alternative
She said Miller was not presently receiving hormonal therapy and was in a male prison.
Miller’s solicitor advocate added: “The appellant has not reoffended since the commission of these matters and has no matters outstanding.”
She said a social worker who prepared a report on Miller had identified a community payback order as being available with a requirement to attend a project.
Miller followed the appeal proceedings via a video link to jail.
