SENTENCING STATEMENTS
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HMA v Scott Smail
Jan 22, 2026
On sentencing, Judge Arrol KC told Smail:
"Scott Smail, on 18 December, 2025, you were convicted by a jury of your peers of the charge on the indictment, a contravention of Section one of the sexual offences Scotland Act 2009, rape, under deletion of the words to her injury.
I revoked bail on that date.
On 28 August, 2021 you arranged to meet the complainer at a public house. Alcohol was consumed by both of you before you went to a restaurant together. After some time there, the complainer began to feel intoxicated. You then called for a taxi which took you and the complainer to your house, via a convenience store. I have viewed both you and the complainer leaving the taxi, she was clearly unsteady on her feet, consistent with her evidence that she was intoxicated. As this was obvious to others, it would have been obvious to you.
When you arrived at your house, you took the complainer into your bedroom. She felt unwell and was passing out. You removed her clothing and she passed out. Her next recollection is regaining consciousness whilst you were raping her. She was crying. Your response to that was to tell her there was no point greeting now.
When you stopped, she dressed and left your house in a taxi. Days later she disclosed the attack to her son.
I have considered the terms of a Victim Impact Statement by the complainer. She described the catastrophic effect this has had on her life. The impact is immeasurable.
I have taken into account all that has been said on your behalf by Mr Lenehan this morning and all that is in the Criminal Justice and Social Work Report.
You are now 50. You have had several long term relationships but are currently single. Your childhood was challenging at points but overall, you have overcome adversities and had a positive upbringing.
The terms of the Criminal Justice and Social Work Report are most concerning. You accept no responsibility for the offence. You sought to minimise your involvement by stating that you are the victim. For the avoidance of doubt, you are not. You demonstrated no empathy or remorse.
You have no previous offending.
The author of the Criminal Justice and Social Work Report assesses you under the LSCMI risk matrix as low risk of general offending and using the Risk Matrix 2000 tool you were assessed as moderate risk of sexual offending and low risk of violent offending, giving an overall score of medium.
Your counsel quite properly recognises that having regard to the circumstances of the offence, and the report, a custodial sentence is appropriate. This is quite correct and I am satisfied that a custodial sentence is the only appropriate method of disposal.
You preyed on a vulnerable female, intoxicated, taking advantage of her in that circumstance, therefore, my assessment is that culpability is high.
Accordingly, the sentence I impose is 6 years imprisonment. It is backdated to 18 December, 2025, the date of your remand in respect of this matter.
That is all.”
22 January 2026