SENTENCING STATEMENTS
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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 Steven Mitchell
Nov 26, 2025
On sentencing, Judge Craig told Mitchell:
"You were found guilty by a jury after trial of 6 charges. Two charges involved a course of abuse of two former partners which each lasted for several years. That involved you being abusive and derogatory, controlling them and making threats of violence.
In addition, the jury convicted you of four charges, three involving the most serious of sexual abuse of your domestic partners, and one involving a very serious sexual assault.
It is very clear from the information available that your victims have been particularly affected by what happened during their relationship with you.
You have very minor non-analogous previous convictions so I will be treating you as, in effect, a first offender. The Justice Social Work report prepared for this morning’s hearing describes your domestic and sexual offending as being chronic with a sense of entitlement to sex in relationships, ignoring the wishes of your partners.
The report also expresses concern about your refusal to acknowledge that you have committed any aspect of these offences and that you are unlikely to want to change your behaviour. That will, it says, have a negative impact on any interventions that might be taken to address that behaviour and assesses you as being at high risk of domestic and sexual reoffending in current or future relationship.
These are all matters of concern and given the length of time over which these offences took place and your lack of any acknowledgment of your behaviour, will be reflected in the sentence I impose.
I have had regard to what has been said on your behalf in mitigation and in particular to the medical and educational difficulties you have. However, it seems to me that such mitigation is minimal and does not sufficiently balance the extreme behaviour demonstrated by the evidence in this case.
The sentencing guidelines require that I balance the need to protect the public, punish offenders and mark the court’s disapproval of behaviour such as yours, alongside issues of rehabilitation and the opportunity to make amends. In your case the totality of your behaviour is so serious that only a lengthy custodial sentence is appropriate.
I am also satisfied that given the assessed level of risk the normal period of licence would not be adequate to protect the public from the risk of serious harm you present. I will therefore impose an extended sentence.
Before I explain the total cumulo sentence, I'm required to state what the sentences would have been if each offences stood alone:
Charges 1 and 5 – charges of courses of abusive and threatening behaviour, each over a period of several years – 2 years custody
Charge 2 and 6 – charges of rape on various occasions – 6 years
Charge 4 – rape on a specific occasion – 5 years
Charge 7 – sexual assault by penetration on a specific occasion – 3 years
I require to adjust the overall sentence to reflect the principle that it should be no more severe than is necessary to meet the principles and purposes of sentencing. Having regard to the totality principle, the total custodial period will be 10 years.
In addition, there will be an extension period of 3 years during which you will be closely supervised in the community.
Accordingly, the overall sentence will be 13 years comprising a custodial sentence of 10 years and an extension 3 years. It will be backdated to the date of your remand on 29 October 2025
The Crown seeks Non-Harassment Orders for each of your victims for an indefinite period and these are not opposed by you.
Accordingly in relation to both you will not, for an indefinite period contact, approach or communicate with, or attempt to contact, approach or communicate with them, by any means either directly or indirectly.
You will remain subject to the notification requirements applicable to sex offenders for an indefinite period, and your name will be added to the lists of persons deemed unsuitable to work with vulnerable groups.”
26 November 2025