SENTENCING STATEMENTS

On sentencing, Judge Farquharson said:

"Marwan Al Bakr, notwithstanding the significant deletions in this charge, the jury have convicted you of the most serious crime.

Your victim was only 15 years of age and you were by comparison a 29 year old grown man.  She was a complete stranger to you.  As the evidence disclosed, she was a very troubled teenager.  I cannot ignore the fact that police officers were compelled to stop without invitation, to check on the welfare of the complainer and her friend, after your attack, given the time of night and their obvious tender years. 

You took advantage of the complainer’s patent and particular vulnerability, in order to satisfy your desire for sexual gratification.  You acted with no regard to any other but yourself. 

As the CCTV footage informs, your actions were opportunistic and predatory. It is clear that you “clocked” your victim and took the steps as they were revealed on film, to cross the road back on yourself and follow her, and then you approached her as she sat down on her own at the empty bus stop on a deserted street, late on that Monday night. 

I have to take into consideration the fact you then removed the complainer to a dark and quiet area of parkland namely 'The Greeny'.  As the CCTV and forensic evidence then revealed, and over the next 55 minutes you subjected the complainer to invasive and penetrative non-consensual sexual acts. 

As the evidence informs, you must have been aware of her views of your unwanted attentions, as her shouts of 'stop' and 'don’t' were heard within a property that backs onto that area. 

You have your own narrative about what happened that night which is completely at odds with the evidence led in court, and so I disregard the same.  I sentence you, of course, in accordance with the jury’s verdict.  I note moreover your stated refusal to work with Social Work or Police Scotland that has an impact in terms of the sentence that I can impose. 

I have to take into consideration the contents of both the Criminal Justice Social Work and Clyde Quay Project Reports.  They make for troubling reading.  It is not just your pervasive self-interest.  You have shown no insight whatsoever into your serious sexual offending. 

In sentencing you today considerations of punishment, deterrence and public protection are all material in this case.

I have moreover taken into consideration the victim impact statement prepared by the complainer.  At just 18 years of age now, she has outlined the significant, ongoing and lasting effects of this offence on the day as she described it, that her body was taken away from her. 

There is no alternative, but a substantial custodial sentence in respect of this offence.

Your attitude towards women has to be considered too, in imposing sentence.  As evidenced in the circumstances of this offence, along with the conduct of yourself during the trial and in particular towards your female interpreter that I saw for myself, and of course your behaviour towards the female social workers tasked with preparing reports for this hearing, your attitudes towards females cause me grave concern. 

I take no issue with the assessments made that you present as a significant risk of serious harm to the public, particularly females.  I accept the substantial concerns as to how to manage that risk, when you are released back into the community. 

The authors of both reports are in no doubt that continued monitoring, risk management and the imposition of controls is required upon your release from prison, to reduce the likelihood of reoffending and safeguarding of potential victims. 

I am entirely satisfied in all the circumstances, that the normal period of licence to which you would be subject following your release from custody, would not be adequate to protect the public. I agree with the opinions expressed by both social workers, that you cannot be safely managed in the community without the structure, containment and oversight afforded both by a custodial sentence, and an extended period of post release supervision. 

I will therefore impose an extended sentence, comprising a custodial element and a period of post-release supervision, known as an extension period. 

Dealing first then with custodial part of your sentence. 

In fixing the length of sentence, there are in respect of this offence significant aggravations.  Not least:

• Your targeting of a particularly vulnerable victim;
• The ejaculation of your semen; and
• The area that you took your victim too, for your sexual gratification

I do however balance that with the deletions made by the jury, and the fact you appear before me today as a man of previous good character, and with a difficult personal history, given the war in your birth country of Syria. 

Taking that all into consideration, and in respect of this offence and in terms of the custodial part of your sentence, I therefore impose a period of 8 years’ imprisonment. 

Thereafter, and as an extended sentence, you will be subject to a period of post release supervision.  The extension part of your sentence will be one of 5 years, during which time you will be subject to close monitoring and supervision.  The conditions of your licence will be fixed by the Scottish Ministers. 

If during this extension period you fail to comply with any of the conditions of your release licence, it may be revoked and you may be returned to prison for a further period in respect of this case.  The court also has the power to deal with you if you commit another offence after your release from the custodial term of this extended sentence. 

The effect for you Mr Al Bakr is an extended sentence for a period of 13 years.  That is comprised a custodial sentence of 8 years’ imprisonment and an extension period of 5 years thereafter.  This sentence will be backdated to run from the date of your arrest in Germany on 31 August 2023. 

You will remain subject to the notification requirements applicable to sex offenders for an indefinite period, and your name has already been intimated to the Scottish Ministers for addition to the list of persons deemed unsuitable to work with vulnerable groups.

Finally, and on the Crown motion, I will make a non harassment order in the terms sought in respect of the complainer and for an indefinite period.  You must not approach or contact the named complainer in person or by electronic or any other means, and neither directly nor indirectly through any other person."