PROSECUTORS have failed in a bid to increase a jail term imposed on a former policeman who raped a pregnant woman and an ex-colleague.
Stephen Cooperwhite, 36, was jailed for six years earlier this year after he was found guilty of raping both victims following a trial at the High Court in Edinburgh. He had denied the sex attacks.
The Crown brought an appeal arguing the sentence passed on Cooperwhite by judge John Beckett, QC, was too lenient. But the Lord Justice Clerk, Lord Carloway, sitting with Lord Eassie and Lord Bracadale, rejected the challenge.
Lord Carloway said at the Court of Criminal Appeal in Edinburgh: "The court is not satisfied that the sentence imposed is unduly lenient."
Advocate depute Iain McSporran argued Cooperwhite's case required a sentence "significantly higher" than that imposed.
He said the first rape was aggravated by "potential life-threatening consequences". He said the victim was pregnant and had a condition which resulted in her being advised against having intercourse because of potential risk to her and the unborn child.
But the Lord Justice Clerk said that was not set out in the charge brought by the Crown. He said a court had to consider sentencing on the basis of what a person was convicted of.
Mr McSporran said the offending against the second victim was the repeated nature of the sex assaults.
Defence counsel Thomas Ross argued the Lord Advocate had failed to demonstrate the sentenced imposed on Cooperwhite, of Paisley, Renfrewshire, was outwith the range that could be considered appropriate.
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