SENTENCING STATEMENTS

 

A judge may decide to publish a statement after passing sentence on an accused 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.

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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.

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Read more about victims of crime and sentencing.

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HMA v AE

 

Jul 22, 2020

At the High Court in Edinburgh today Lord Uist sentenced AE to 3 years 9 months detention after the accused pled guilty to rape and sexual and physical assault.

On sentencing, Lord Uist made the following statement in court:

“You pleaded guilty at Aberdeen High Court on 12 February this year to two serious sexual offences, committed when you and your victim were both 15 years old. The first charge involved repeated rape of your victim and the second involved an incident of sexual and physical assault of her. Your crimes have had a severe psychological effect upon your victim, as set out in the victim statement submitted to the court on her behalf and the letter presented by her to the court.

You are now 17 years old. I have obtained as much information on you and your background as it is possible to obtain. I have read and considered the criminal justice social work report, the autism spectrum disorder assessment report and the full psychological assessment. You have been diagnosed as suffering from Attention Deficit Hyperactivity Disorder and Asperger Syndrome. While these might have played some part in your commission of these crimes, they cannot excuse the open violence in which you engaged towards your victim. As the psychologist said in his report, you carried out several acts that were extremely violent and appeared callous.

Had you been convicted by a jury after trial I would have imposed a sentence of 4 years detention on both charges taken together. Had you been older at the time of the offences the sentence would have been longer. You pleaded guilty on the day that your trial was due to start but your victim had previously given evidence. As your plea avoided a trial I consider that you are entitled to some discount in your sentence. I shall therefore reduce that sentence to 3 years 9 months detention. That sentence will run from today’s date. I very much hope that you will take advantage of the help which will be provided to you in detention in order to prevent you offending again.

As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”

21 July 2020