SENTENCING STATEMENTS
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.
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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 Toby Deakin
Jun 8, 2023
On sentencing, Lord Clark told Deakin:
“Toby Deakin, by the verdict of the jury you were found guilty of raping one girl in May 2016 and sexually assaulting and raping another girl, on two occasions, in October 2020. At the time of the first offence you were 15 years of age and the victim was aged 14. At the time of the second offence you were 19 and the victim was aged 16.
I have had regard to the contents of the Criminal Justice Social Work Report (CJSWR) and I note that you continue to deny that you committed these offences and indeed you blame the victims for fabricating their evidence. You have shown no remorse or insight into the harm experienced by those young women. As the victim impact statement shows, this kind of crime can have harrowing consequences.
I have also considered everything said on your behalf this morning by Mr Chapman. You have one previous conviction, for a crime that is not analogous to the offences in this case.
In reaching my decision on sentencing you, I have taken into account the terms of the guideline on Sentencing Young People.
In the whole circumstances, including the nature and seriousness of the offences, a custodial sentence is appropriate.
After the jury delivered their verdict, I advised you that you are subject to the notification requirements in terms of the Sexual Offences Act 2003. You will remain subject to those requirements for an indefinite period.
Having regard to what is said in the CJSWR about the medium level of risk you pose, I consider that there is no need to impose on you an extended sentence.
If these crimes had been committed by an adult, I would have imposed a sentence 8 years and six months’ imprisonment.
You had some degree of immaturity at the time of these crimes, particularly for the first offence when you were aged 15. You have some potential for rehabilitation. When you are in custody you should follow all means of intervention to try to address your behaviour and seek rehabilitation.
Following the guideline on Sentencing Young People the sentence will be 6 years’ imprisonment.
The sentence will be backdated to 5 May 2023, when you were first remanded in custody on these charges.”
8 June 2023