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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 Lee Ibbotson
Apr 1, 2022
On sentencing Lord Summers made the following statement in court:
Lee Ibbotson you have been convicted of raping the complainer on Christmas Day going into Boxing Day 2019.
This is not your first rape conviction. On 9 October 2020 you were convicted of a rape that took place on 7 July 2017. On that occasion you raped a young woman who was unknown to you while she was in an intoxicated state and unable to give or withhold consent. The rape took place in a flat occupied by you. The young woman in question had returned to the flat with you after a night out. For that crime Lord Arthurson sentenced you to five years imprisonment.
The present rape was committed about 2 ½ years later. On the occasion in question she had initially consented to sexual intercourse. During the course of sexual intercourse she withdrew her consent because she was finding it painful. She told you that she did not wish to continue but you ignored her.
In sentencing you I take account of the fact that this was a repetition of behaviour similar in nature to that which had occurred 2.5 years before. On this occasion your conduct was aggravated by the use of force albeit the force was moderate in nature. I also take account of the fact that a minor injury occurred. In 2019 you were two and a half years older and were therefore more responsible for your actions.
I acknowledge that the facts of this case differ from the previous conviction. I note that the complainer had initially consented and that you were engaged in sexual intercourse when consent was withdrawn. I take account of your troubled upbringing and the difficulties you experienced in childhood. I acknowledge your steady work history.
You have been assessed as presenting a high risk of reconviction for sexual offences under reference to static factors and a moderate risk having regard to dynamic factors. The Criminal Justice social work report suggests an extended sentence but I have come to the view that since the second offence was committed before your conviction for the first offence that this is not a case involving re-offending in the usual sense of the word, albeit you were on bail when the second offence occurred. I have listened to Mr Keegan’s submissions in relation to the availability of programmes designed to support offenders such as you on release and consider that the parole Board at that point will be better placed to assess your needs.
I have also considered the victim impact statement and take account of what is said there.
In these circumstances I sentence you to six years imprisonment. Of that total I apportion three months to the bail aggravation and three months to the aggravation under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. This sentence will run consecutively to the sentence of imprisonment that you are currently serving. You will again be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.