Woman who assaulted child in drugs den spared further punishment
Marianne Gallagher was found guilty of hitting and kicking the child.
A woman who was found guilty of assaulting a child in a Glasgow drugs den where seven other people carried out āharrowingā abuse was spared further punishment although a judge branded her actions āreprehensibleā.
Marianne Gallagher, 40, was convicted of assault following an eight-week trial in 2023, which heard allegations of abuse which a judge said āplunges to the depths of human depravityā.
Co-accused Iain Owens, 46; Elaine Lannery, 40; Lesley Williams, 43; Paul Brannan, 42; Scott Forbes, 51; Barry Watson, 48; and John Clark, 48, are due to be sentenced later this month, having been convicted of gang raping a child and abusing other children in a drugs den where heroin and crack cocaine were used.
Four of the group: Owens, Lannery, Brannan and Williams, were found guilty of attempting to murder a child by pushing her into a microwave and trapping her in other places.
The trial at the High Court in Glasgow heard that offences, involving three children, happened between 2012 and 2019, with allegations of Satanic rituals and dog-killing put before a jury before the prosecution dropped the former and no one was convicted of the latter.
A total of 11 people were put on trial, however, three were acquitted.
Gallagher was the only one convicted who was not added to the sex offendersā register following conviction in November 2023, and was allowed out on bail.
On Monday, the High Court in Glasgow was told that she had a baby in August and was still struggling with addiction.
The court was told Gallagher was convicted of āhitting and kickingā a child, which happened āoccasionallyā.
However, the judge told the court ordinarily such an offence would not be dealt with in a High Court.
Gallagher has yet to be sentenced for an offence which predated the trial, from 2022.
Defending, Thomas Ross KC said: āAfter a lengthy trial, Marianne Gallagher was convicted of assault. Sentence was deferred for good behaviour.
āThe author of the report made reference to an outstanding case where sentence was deferred. It doesnāt amount to a breach.ā
Judge Lord Beckett said: āCould you confirm there has been no adverse behaviour?ā
The prosecutor said: āYes, I can.ā
Mr Ross said: āFirstly, she spent 55 days in custody in 2023. Secondly, she has not committed any offence during the past year.
āI do recognise there may be some issues in the criminal justice social work report which may give Your Lordship some cause for concern.
āShe hasnāt shaken off the addiction issues which have plagued her for many years.
āThere are issues around the birth of her son, in August.
āShe has volunteered to put her child into care.ā
He added: āIt is unusual in the High Court for a case to be disposed of in this way.
āI also recognise this is a more serious offence.ā
Judge Beckett told Gallagher she was āadmonishedā due to the length of time proceedings have gone on.
He said: āYou are in a very different situation to the other persons on this indictment who were convicted.
āYou were acquitted of sexual offences and the most serious aspects of charge two.
āThose left are reprehensible, which is āhitting and kickingā Child A, which were referred to as āoccasionalā, as opposed to more regular assaults by others.
āYou have shown no remorse.
āI do take into account what has been said in mitigation. During the trial you were remanded in custody for a significant period.
āI Iearn you have had another child, and there are ongoing difficulties in establishing a relationship with your new child.
āI canāt do anything about that.
āI do note the bail conditions and the time they were put in place, and the difficulties in the relationship with your children.
āI donāt see the case for imposing further punishment.ā
He added: āIf you offend further, you will find yourself in pretty severe trouble.
āYou have managed not to offend in the past 12 months.
āYou will simply be admonished now. That will be the end of proceedings.ā