Former Grangemouth serviceman molested girl (5) when he was 12
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A judge rejected a plea to spare Christopher Muir (36) a prison sentence for the sex crime, which was committed more than two decades ago.
Lord Arthurson told him at the High Court in Edinburgh that his defence counsel had properly emphasised his own very young age at the time of the offending.
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Hide AdBut the judge said a custodial sentence was merited given the seriousness of the charge, the period of the offending and the sexual conduct involved at the time.
Addressing Muir directly, he said: “You stand before the court today convicted of a crime committed when you were considerably younger than today."
The judge admitted it was an "unusual case" but told Muir that, following his sentencing, the widower would now be on the sex offenders register for an unlimited period of time.
Muir, of Strowan Road, Grangemouth, had earlier denied an offence of indecent behaviour towards the victim at a house in Cumnock, in Ayrshire.
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Hide AdHe was aged between 12 and 14 at the time of the sexual offending, which began in 1998 and occurred when the girl was aged between five and seven.
During it he had simulated sexual intercourse with the girl, put a hand over her mouth and molested her.
Defence counsel Dale Hughes said Muir had "significant army service" and a good work record, with only one road traffic offence.
He added: "He has been assessed overall as low risk. While I am in no sense seeking to diminish this charge, he was aged 12 to 14. He was effectively a child at the time."
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Hide AdMr Hughes maintained that, because of the low risk, there were alternatives to custody available and he could be dealt with by a community based disposal.
He said: "This is a man who has shown some promise in life and is capable of living a positive life in the community."
However, Lord Arthurson sentenced Muir to three years in prison.