Laura Miller

A sex offender's attempt to overturn a prison sentence has been firmly rejected by appeal judges in Scotland. Laura Miller, aged 29 and identifying as gender-fluid, was originally sentenced to 23 months in prison for multiple counts of sexual assault against a vulnerable woman. The assaults occurred between February and October 2017 at a house on the Isle of Skye, where Miller took advantage of the victim's medical condition that required medication rendering her either immobile or in a deep sleep, making consent impossible.

Miller admitted to the charges at Inverness Sheriff Court, detailing how they handled the victim's breasts, vagina, and buttocks on several occasions. In one particularly invasive incident, Miller filmed the removal of the victim's clothing and the touching of her private parts while she was asleep. The court highlighted the gravity of these indecent assaults, noting the exploitation of the victim's incapacitated state.

• Miller's actions exploited the victim's medication-induced vulnerability.
• One assault was recorded on video, adding to the severity of the offence.
• The victim suffered from a condition necessitating strong medication that left her unable to consent or resist.

Following the guilty plea, the sheriff imposed a 24-month headline sentence, reduced to 23 months due to the plea. Dissatisfied, Miller's defence team, led by solicitor advocate Ann Ogg, appealed to the Court of Criminal Appeal in Edinburgh. Ogg argued that the custodial sentence was excessive and that a non-custodial alternative, such as a community payback order, would suffice. She emphasised Miller's difficult background, bisexual and gender-fluid identity, lack of reoffending, and current placement in a male prison without hormonal therapy. A social worker's report supported a community-based disposal with attendance at a rehabilitation project.

However, Lord Malcolm, sitting with Lord Matthews, dismissed the appeal unequivocally. 'Given the nature and gravity of the offending conduct, the court considers only a custodial sentence is appropriate,' Lord Malcolm stated. He further affirmed that the original 24-month sentence was not excessive, underscoring the seriousness of Miller taking advantage of the victim's helplessness. Miller, from Brediland in Paisley, Renfrewshire, followed the proceedings via video link from prison.

This case, reported by The Press and Journal on 12 January 2022, serves as a stark reminder of the judiciary's stance on sexual offences against vulnerable individuals. The rejection of the appeal reinforces that community alternatives are insufficient for such grave breaches of trust and consent.