VIDEO: Brother and sister who had sex in railway station lift are spared jail
Published 14/10/2011 | 12:03
A BROTHER and sister who admitted having sex in a railway station lift have been spared a prison sentence.
Richard Finlayson, 21, and his younger sister Kirsty, 18, were caught having intercourse at Motherwell station in Lanarkshire on June 27 last year.
The pair, from Lanarkshire, both pleaded guilty at an earlier hearing.
Mr Finlayson was put on a probation order for two years, which will be reviewed in six months to decide if he should receive sexual offender counselling. He must also abide by the terms of the Sex Offenders Act for two years
Ms Finlayson, who was 17 at the time of the offence, was also given a probation order for one year and will receive counselling regarding mental health, substance abuse and employment.
Sentencing them at Hamilton Sheriff Court today, Sheriff Ray Small said the publicity the case had brought meant the pair's lives were now "in ruins".
Sheriff Small said: "I'm sure you both understand that most right-minded members of society will find the details of this case unacceptable and difficult to comprehend."
However, he said both defendants were "vulnerable" and had "problems which no doubt contributed to the offence".
Ms Finlayson's lawyer, Ken Bonnington, told the court: "My client was only 17 at the time. She accepts full responsibility for her actions and accepts the seriousness of the charge."
The court also heard that Ms Finlayson, who arrived today with a pink shawl over her head, had been under the influence of alcohol and "possibly other substances" when she had sex with her brother.
She wore a bright purple Adidas tracksuit as she sat quietly in the dock.
Mr Bonnington said his client had made the decision to leave her home in Lesmahagow, and it was agreed that her probation order would be transferred to a court in England.
Mr Finlayson, from Carluke, said nothing when he arrived at court wearing a black tracksuit and white trainers.
The sheriff told him he was being put on the sex offenders register "because the law stated that he had to" as his sister was under 18 when he had sex with her.
His lawyer, Archie Hill, said both Mr and Ms Finlayson had faced the consequences of a "considerable" amount of press interest.
Sheriff Small told the pair in the dock: "I believe it is the case that your lives are to a large extent in ruins because of this.
"Neither of you have any previous convictions and have not been assessed as any risk to the public, which is why you are being given non-custodial sentences."
Mr Finlayson's order will be reviewed on April 24 next year.
The pair were convicted of committing incest under section 1(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.