Priest fails in bid to have prison sentence replaced after sexually assaulting sleeping train passenger

A priest who is serving time for sexually assaulting a sleeping train passenger has failed in a bid to have his prison sentence replaced with non-custodial disposal.

Lawyers for Father Daniel Doherty, 61, tried to persuade judges at the Court of Criminal Appeal on Tuesday that the 16-month sentence given to him last year was disproportionate.

A lawyer for Father Daniel argued before judges Lord Matthews and Lord Armstrong that his client’s personal circumstances meant that he could be punished without having to be in prison.

Kirkcaldy Sheriff Court heard how Doherty, of Falkirk, sexually assaulted a man on a train travelling between England and Scotland in April 2024.

The cleric assaulted the younger man, who cannot be named for legal reasons, on two further occasions after he had passed out from drinking.

Sheriff Charles Lugton told Doherty, in passing sentence, that his offending formed a “course of conduct” that involved a “high level of pre-mediation.”

On Tuesday, defence solicitor advocate Gordon Martin said that Doherty had been drinking at the time of the offences and had been struggling with health issues.

He said that his client was addressing the issues and was of previously good character. He had been assessed as being suitable for a community payback order.

However, Lord Matthews and his colleague refused to allow Doherty’s prison sentence to be quashed.

Lord Matthews said: “The effects on the complainer have been and continue to be far-reaching and life-changing.

“We are unable to identify any way in which the sheriff has erred – it follows that the appeal is refused.”

Father Doherty was the parish priest at St Francis Xavier Catholic Church in Falkirk.

He had earlier admitted three counts of sexual assault against the younger man.

His lawyer said he had drunk four bottles of wine with lunch before the train journey from York to Edinburgh.

Doherty, of Bruce Street, Falkirk, was also placed on the sex offenders register for ten years.

Passing sentence, Sheriff Lugton told Doherty: “You believed the complainer to be asleep and unconscious at the time of the assaults and in a particularly vulnerable position.”

The sheriff said he had read a victim impact statement, which clearly showed the conduct “resulted in significant emotional harm to the complainer”.

The court heard previously how Doherty was spotted by concerned passengers sexually assaulting a man sitting next to him on the train.

A women who saw Doherty’s actions moved carriage after alerting British Transport Police and train staff.

Doherty told the train manager: “We are just friends… I was affirming him.”

Police met Doherty and his victim off the train at Edinburgh’s Waverley station.

His victim felt unable to speak about the abuse at the time – he later confided to officers about what happened to him on two previous occasions when Doherty abused him whilst he was asleep.

On Tuesday, Mr Martin said Doherty had been addressing his alcohol misuse, and doctors were treating him for prostate cancer.

His client observed proceedings via video link. He could be seen wearing a Scottish Prison Service-issued sweater with the words “HMP Perth” emblazoned upon it.

Mr Martin added: “He has had a significant fall from grace.”