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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The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.
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 Hisham Awad
Jan 27, 2022
On sentencing, Lord Boyd made the following statement in court:
"You pled guilty to two serious sexual offences against young women. In the first one you assaulted an 18 year old women who had fallen asleep on a couch. You removed her lower clothing, pulled her legs apart and touched her vagina with your fingers.
Meanwhile your victim’s boyfriend had contacted the police who arrived at the door. Your victim told police that she had been drugged and raped. She was taken to hospital and placed on intravenous fluids before being released the following day.
I have no doubt that these offences will have had a significant effect on your victims and may well lead to long term psychological problems.
I have no doubt that you pose a risk of harm to young women. I am particularly concerned at the statement in the CJSWR that you committed the second offence because you had not been convicted of the first one and felt that you had got away with it. I am satisfied that the criteria for an extended sentence is met.
On the positive side the Clyde Quay Risk Assessment advises that you take a level of responsibility for your actions and have some understanding that you have harmed the victim. You are suitable for inclusion on the Moving Forward Making Changes Programme. I understand that in prison you will be subject to a Generic Programmes Assessment and, if suitable placed on a waiting list for a programme.
On charge 7 I shall impose an extended sentence of 9 years of which 6 shall be the custodial part and 3 years extended. The custodial part is discounted from 8 years.
These sentences shall run consecutively and be backdated to 12 February 2021.