NE Scotland, Orkney & Shetland

Brian Stewart has under-age sex jail sentence overturned

An Aberdeenshire man has had his custodial sentence for under-age sex overturned by appeal judges.

Brian Stewart, 20, of Rhynie, was sentenced to four years and eight months at Aberdeen Sheriff Court after admitting 11 charges, two involving sex with girls under 16.

Defence advocate Fred Macintosh said none of the girls had complained, and the offences came to light when mobile phone texts were found.

A community payback order was imposed.

At the Court of Criminal Appeal in Edinburgh, judge Lady Smith said: "Nothing pointed to Stewart's behaviour being grooming, predatory or manipulative."

Stewart was 16 in March 2010 when he had sex with a girl then aged 14. He also had sex with a 13-year-old girl when he was 17.

He will be under supervision for two years, must carry out 250 hours of unpaid community work and take part in a programme for sex offenders.

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