A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v Naser Ellase
Jun 19, 2020
On sentencing, Lord Boyd made the following statement in court:
“You were convicted after trial of the crime of rape. On 13 January 2018 you picked up a young woman outside a night club in Falkirk. You told her about a party at your house and invited her back. You travelled in a taxi with her and when you got back to the house you went into the living room. No one else was in the room. There was no party. Instead you raped her. She fled from the house and was found a short time later lying on the ground in great distress.
I have read the victim statement and it is clear that the ordeal to which you subjected your victim has had a profound effect on her so that even two years later she is struggling to cope.
You continue to assert that the young woman consented to sexual intercourse but the jury did not believe you.
I have listened carefully to what counsel has said on your behalf. You are away from home and in a foreign land, albeit that you came here claiming asylum. Prison may well be difficult for you.
To your credit you appear to have some understanding of the potential effect of sexual violence. You come from a strong family unit in Iran and you were able to consider the effect of such an event happening to a sister. I note the risk assessment in the report. Given the positive attitude to woman that you generally express and the fact that you appear before me as a first offender I am inclined to accept that the risk of further offending is towards the lower end of the scale. Nevertheless this was a most serious offence committed against a young woman who had the right to expect better from you.
As a result of your conviction and the sentence imposed you are subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.
The clerk of court will serve upon you a notice confirming those requirements with which you must comply.
I shall impose a sentence of 5 years imprisonment backdated to 10 March 2020.
19 June 2020