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.
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.
Read more about victims of crime and sentencing.
HMA v Aaron Sloan
Dec 8, 2020
On sentencing, Lord Uist made the following statement in court:
“You were convicted by the jury at Edinburgh High Court on 10 November this year of the rape of a woman on one occasion in a house in Bonnyrigg between 19 March and 30 June 2018 by seizing her by her body, restraining her by holding her, placing your hand over her mouth and inserting your penis into her vagina. Having had consensual intercourse with you, she told you to stop but you did not react and she tried to push you off without success. In later text messages to her you admitted your guilt by saying “I know I’m a dick for it and hate what I did.” Since then you have denied your guilt. You were also convicted of physically assaulting her on two separate occasions.
You are now 21 years old, have had a reasonably good work record until lately and have no previous convictions. I have considered the contents of the criminal justice social work report on you and all that has been aid on your behalf in mitigation, but there is no getting away from the fact that you were convicted of a serious crime which must result in a significant custodial sentence.
On charge 2, the charge of rape, the sentence which I impose, is 5 years imprisonment. I take into account the aggravation but do not make any increase in your sentence because of it as I consider it inappropriate to do so in light of the circumstances of the offence. That sentence will run from 10 November 2020. On charge 3, the charge of physical assaults, you are admonished.
As a result of the sentence on charge 2 you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”
08 December 2020