The reduced jail sentence of killer Rhys Bennett, who raped and burned Aberdeen mum Jill Barclay to death, has been branded “sickening” by a UK Government minister.
Bennett, 23, was locked up for a minimum of 24 years and won’t be considered for release unless the Parole Board for Scotland decides he’s no longer a risk to the public.
But Lord Zac Goldsmith – a minister with the Foreign Office – has spoken out on Twitter, saying: “This monster should never ever be allowed to walk the streets again.
“Instead he could be released at just 47 to live the rest of his life in freedom.
“The contempt this shows for an innocent victim is just sickening,” the Conservative politician posted online.
This monster should never ever be allowed to walk the streets again.
Instead he could be released at just 47 to live the rest of his life in freedom.
The contempt this shows for an innocent victim is just sickening. https://t.co/quGdryT5oK— Zac Goldsmith (@ZacGoldsmith) May 25, 2023
Bennett, of Ballingry, in Fife, had his sentence reduced by five years because, under the Scottish Sentencing Council’s guidelines for punishing young people, he is under the age of 25 and also because he pled guilty.
It’s claimed the guidelines are supported by research that shows young people’s brains “are not fully developed” and that those offenders “may not have attained full maturity”.
The guidelines advise judges to consider that under 25s are “generally less able to exercise good judgment when making decisions” and “may be less able to think about what could happen as a result of their actions, including the impact on any victim”.
‘Absolutely disgusting’ sentence for ‘depraved’ and ‘heinous’ attack
But many people, readers of The Press and Journal included, have expressed outrage at what they’ve perceived as a “soft sentence” for such evil crimes.
Elaine Brown posted on Facebook: “Taking five years off just because he is 23 is absolutely disgusting. His depraved attack wasn’t lessened because he was under 25. The crime was heinous and he should have got the 29 years minimum”.
And Jenni Williamson commented: “Letting murderers of women off with lighter sentences because of their age in cases like this is a part of the problem”.
Criticism of the controversial sentence has also reached Holyrood.
The issue was raised with Humza Yousaf during First Minister’s Questions at the Scottish Parliament last week.
He told the chamber of MSPs: “These are not matters that are decisions for the First Minister.
“They are rightly left to the independent judiciary and it must always be thus, even in the most heinous and despicable cases such as the case of Jill Barclay.”
‘Sickening and medieval act’
Mr Yousaf added: “Her family will undoubtedly have community and friends reeling from the barbarity of that sickening and medieval act.
“But it can never be the case that politicians, let alone government ministers, interfere in the sensitive decisions that are made by the judiciary.”
The former General Secretary of the Scottish Police Federation, Calum Steele, has slammed the sentence.
“Various policies suggest those under-25 are competent to make any decision in respect of the impact of their behaviour on themselves but not on others. This is simply incoherent,” Mr Steele tweeted.
And Roddy Dunlop KC, Dean of the Faculty of Advocates – an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland – questioned in a tweet: “I do wonder whether these guidelines should really be applicable to crimes of such depravity”.
Various policies suggest those under-25 are competent to make any decision in respect of the impact of their behaviour on themselves but not on others. This is simply incoherent. https://t.co/spszOuYXvA
— Calum Steele (@CalumA_Steele) May 28, 2023
‘Horrifying and unforgivable’ crimes
Now, Aberdeen North MP Kirsty Blackman, who has thanked everyone involved in bringing Bennett to justice, has hinted that a review may be necessary.
The SNP lawmaker told The P&J: “The crimes Bennett committed that night were horrifying and unforgivable. No sentence or punishment can return Jill Barclay to her young family.
“My thoughts are with her family and friends as they try to chart a future without her.
“Although sentencing is a matter for the independent judiciary, and Rhys Bennett has been jailed for life with a minimum term of 24 years, I can understand why concerns have been raised about the length of the sentence and the reduction of the minimum term, due to the early guilty plea and Bennett’s age.
“I believe offenders like Bennett who commit the most heinous crimes should not be released while they are considered a threat to the public – no matter how long they have served.
“I also think it is sensible and reasonable for sentencing guidelines to be kept under review, and I would urge Scottish Government colleagues to consider the adequacy of sentencing as they do so.”
When Bennett appeared in the dock at the High Court in Edinburgh, it was revealed that the fencing labourer was previously convicted of housebreaking with intent to steal.
During sentencing last Wednesday, Lord Arthurson told him: “Ms Barclay was a stranger to you. You followed her…you waited or hid yourself from her view.
“You then proceeded to launch a murderous attack upon her.”
The judge detailed the horrific array of injuries that Bennett inflicted on his rape victim during his sexually motivated outburst of “feral violence” against the 47-year-old mum of two on September 17 last year.
“The available evidence tells the horrible truth that your victim was still living at the time that the fire was set. To be crystal clear: you burned her alive,” Lord Arthurson said.
‘Unimaginably wicked’ actions were ‘medieval in their barbarity’
Bennett tried to conceal or destroy vital evidence that would link him to his crimes and fled the scene of the derelict residential premises at Farburn Gatehouse, Dyce.
Lord Arthurson said that Bennett’s actions had been “unimaginably wicked” and “medieval in their barbarity”.
He was also told by the judge: “Nothing that this court can do, or I can say…will ever compensate (Jill’s) family for their loss, and I fully understand that no sentence of the court could perhaps ever be sufficient in their eyes”.
Scotland’s top prosecutor, the Lord Advocate, appears unlikely to be planning to appeal Bennett’s sentence.
The Crown Office and Procurator Fiscal Service, which is led by Dorothy Bain KC, would not discuss the outcome of the court case.
A justice official said that it was not appropriate to comment on a sentencing decision taken by a member of the judiciary.
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