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.

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HMA v Ali Akbar

 

Sep 30, 2026

At the High Court in Livingston Judge Craig sentenced Ali Akbar to 6 years imprisonment after the offender was convicted of two charges of serious sexual assaults against two young females.

 

On sentencing Judge Craig made the following remarks in court:

"The jury unanimously found you guilty of two charges of serious sexual assaults against two females, one a teenager and one who was very young and had just started primary school. You assaulted them at a time when you were in your late teens and into your 20s in a way that involved a significant breach of trust, and which has clearly significantly impacted each of your victims.

You knew exactly how young they each were, that you were a trusted adult in their lives and opportunistically took advantage of them when they were, in effect, left in your care. You assaulted them in their place of safety, where they should have been protected and able to live free from worry and fear.  

In determining sentence, I have had regard to all that was said on your behalf including the references I was given this morning, and the Justice Social Work report prepared for today’s hearing. I note that, to an extent at least, you accept responsibility for the offences and have expressed a degree of regret, albeit that you took this matter to trial which required your victims to give evidence to this court.

While a number have spoken in your support, it is a matter of concern that you have a directly analogous conviction for a sexual assault which occurred between the assaults of which you were convicted by the jury. Although these matters occurred some years ago, they can not be characterised as some kind of moment of madness but instead you now have a record for three separate sexual assaults, all serious, committed over several years against three separate victims.

Nevertheless your risk of sexual reoffending has been assessed as low principally because of the time that has elapsed since and what has been described as your otherwise pro-social lifestyle.

I have had regard to the relevant sentencing guidelines, including the guidelines on rape, which 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, given the totality of your offending behaviour only a custodial sentence is appropriate. 

In your case there are a number of aggravating factors – including the gross breach of trust by you and the location of the assaults.

There are few mitigating factors other than the points I have already mentioned.

Before I explain the total cumulo sentence, I'm required to state what the sentences would have been if each offences stood alone:

Charge 2 – a charge of attempted rape of a young child – 5 year’s custody

Charge 3 – a charge of lewd, indecent and libidinous behaviour towards a child under the age of 16 – 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 all of that, the total custodial period will be 6 years backdated to the date of your remand on 7 August 2026.

While I recognise the impact a custodial sentence will have on your family, these matters are far too serious to be dealt with in any other way.

The Crown seeks a Non-Harassment Order in relation to each of your victims and these are not opposed by you.

Accordingly in relation to each of them 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.

 

30 September 2026