June 2001
Teacher’s abuse term cut over 17 year hold-up
A JAIL term given to a teacher who abused a pupil was cut to two years from six yesterday because the victim took 17 years to report the case.
Two judges at the Court of Criminal Appeal in Edinburgh ruled the delay had caused Neil Cartwright a miscarriage of justice.
The woman went to the police after confiding in a friend, who worked for a children’s charity, about what had happened at school.
Cartwright admitted shameless and indecent behaviour towards her from 13, and having under-age sex with her at Kilquhanity House School, Castle Douglas, between January 1980 and March 1982.
Lord Hardie jailed him for six years at the High Court in Perth this year after hearing that the victim, now 34 and living in Scandinavia, felt Cartwright, 49, of Havant, Hants, had “stolen part of her childhood”.
The court was told pupils and staff at the private boarding school, which closed in 1997, took part in nude bathing sessions.
The victim felt under pressure from her peers to have a sexual relationship but did not have intercourse until she slept with her teacher, the court was told.
Edgar Prais QC, representing Cartwright, argued that at the time of the offences, a man who had sex with a minor would have faced a maximum of two years in jail under the Sexual Offences (Scotland) Act 1976. The maximum was increased to 10 years in 1997.
Had Cartwright been reported soon after having had sex with the pupil, said Mr Prais, he would have been jailed for no more than two years.
Lord McCluskey, sitting with Lord Prosser, said: “In our view this is a very important and relevant consideration. Unfortunately it was not placed before the sentencing judge.
“We consider that as the conduct could have been punished by a sentence of no more than two years imprisonment had it been discovered in time, it would be a miscarriage of justice to exceed that period simply because the victim made no report to the criminal authorities until more than 17 years after the conduct ceased.”
