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Last Updated: Friday, 26 May 2006, 12:11 GMT 13:11 UK
Crown may appeal court sentence
Perth Sheriff Court
McMillan received a non-custodial sentence at Perth Sheriff Court
Prosecutors may appeal a sheriff's decision to let a convicted rapist caught stalking a teenage girl walk free from court, it has emerged.

David McMillan followed his victim for several minutes in Perth before chasing her as she ran away from him.

He was tagged and subjected to a 12-month curfew at Perth Sheriff Court on Wednesday.

A Crown Office spokesman said counsel were currently considering the case, which may lead to an appeal.

McMillan, 29, earlier admitted pursuing the 18-year-old late at night on 16 January this year.

The incident was spotted by a CCTV operator who called the police.

'Weigh up factors'

On Wednesday, Sheriff Lindsay Foulis said that, on the evidence, he was not able to conclude McMillan's actions were sexually motivated.

McMillan, originally from Wishaw, was also placed on probation for three years and ordered to undergo psychological and drug counselling.

However, the Crown said on Friday that it was considering appealing the sheriff's ruling.

A Crown Office spokesman said: "We have asked for the papers relating to the case to be sent to us from the procurator fiscal.

"They will be passed to Crown counsel for consideration which may lead to an appeal. All of the factors in the case will have to be weighed up."

McMillan was jailed for life in 1996 for the rape of an elderly spinster in her own home in Oban.

Three appeal judges later ruled that the sentence on McMillan was excessive and cut it to nine years, of which he served around half.

Convicted rapist followed woman
24 May 06 |  Tayside and Central

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