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Sentencing of violent rapist delayed



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Published Date: 06 August 2008
A man who raped a 16-year-old schoolgirl while on the run from an open prison had his sentencing delayed again today.
Robert Foye, 28, was due to learn his fate for attacking the teenager in August last year, after absconding from Castle Huntly jail near Dundee.

Sentencing was delayed after defence QC Paul McBride described as "inaccurate" an element of a risk as
sessment prepared for the court.

The lawyer objected to the report's claim that Foye was a sexual deviant who had pre-planned the offence.

Mr McBride told the High Court in Edinburgh that the report showed an "inaccurate understanding of the offence" to which Foye had pleaded guilty.

Judge Lady Smith, who indicated she was considering having the rapist placed under strict supervision for the rest of his life, agreed to defer sentence once again.

Sentencing has been postponed on a number of previous occasions.

Foye's defence have two weeks to go back to the psychologist with their queries, and a document identifying their concerns will be lodged with the court.

The report's author can prepare a supplementary report or edit parts of the existing document.

A further court hearing will be held on August 19 in Edinburgh, although Lady Smith said sentencing will not take place on that date.
Foye, from Cumbernauld, North Lanarkshire, was halfway through a 10-year prison sentence for attempting to murder a policeman when he fled Castle Huntly after being allowed out to go to an Alcoholics Anonymous meeting.

He failed to return to prison and, six days later, he battered and raped the teenager in his home town.

It later emerged that he had also once absconded from Castle Huntly in 2005.

Foye admitted the August 24 attack at an earlier appearance at the High Court in Glasgow.

A report subsequently prepared for the judge found that Foye posed a severe risk of serious, violent reoffending.



The full article contains 322 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 06 August 2008 1:16 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
 
  

 
 


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