A predator who sexually attacked a woman in Stirling with the intent of raping her will now be sentenced at the High Court.
A sheriff ruled he did not have enough power at his disposal to adequately sentence Toby McGeouch.
The 25-year-old previously pled guilty to two charges at Stirling Sheriff Court.
A judge at the High Court will now have the power to consider imposing an Order for Lifelong Restriction (OLR) on McGeouch.
McGeouch admitted repeatedly following a woman on Spittal Street on March 31 2023 before sexually assaulting her.
The creep placed his hand on her buttocks, tried to kiss her and followed her into a secure entry close.
He tried to grab her wrists, before engaging in a scuffle.
McGeouch pulled down the woman’s tights and shouted at her.
The previous offender admitted his actions were with the intent of raping the woman.
McGeouch, a prisoner at HMP Low Moss, also admitted repeatedly punching a second woman on the head and knocking her down to her injury on the same date on Kingstables Lane.
Plea for clemency
Defence solicitor Virgil Crawford said his client initially believed he may be suitable for a community-based disposal.
However, Mr Crawford said that was “unrealistic” and conceded a “lengthy” custodial sentence would be imposed.
He told Sheriff Keith O’Mahony: “At the time of the plea being tendered there was a suggestion of the case being remitted to the high court for disposal.
“I would ask your Lordship to consider that is not necessary at this stage.
“A lengthy custodial sentence with an extension would serve as punishment, a deterrent to others and provide Mr McGeouch with a large period of supervision upon his release from custody.”
Mr Crawford added: “The (social work) report itself is unremarkable.
“It doesn’t say anything of any great significance about the offences themselves.
“He has a poor recollection of them – he pled guilty having been advised of the evidence available in the case.”
Sheriff’s decision
Sheriff O’Mahony said: “I have considered the facts as described, the mitigation and the terms of the criminal justice social work report.
“I am satisfied that this matter should be remitted to the high court for sentence.
“I am not satisfied I have sufficient sentencing powers to properly mark this case.”
The date for McGeouch’s sentencing in a high court is yet to be confirmed.
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