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 Anwar Sadhat Chowdhury

 

Apr 3, 2020

At Aberdeen High Court today (4 February 2020) Lord Uist sentenced Anwar Sadhat Chowdhury to 6 years imprisonment after he was found guilty of rape and attempting to pervert the course of justice.

 

On sentencing, Lord Uist made the following statement in court:

“You were convicted by the jury on 8 November 2019 of the rape of a female passenger in your taxi in a remote area outside Inverness in the early hours of the morning of 5 August 2018. She was so drunk at the time that she was incapable of giving or withholding consent. Lone women returning from a night out, particularly when they have had too much to drink, must be able to trust a taxi driver to see them home safely. You breached that trust in a disgraceful manner when you raped your passenger. You denied your guilt at the trial and, in the course of the ridiculous evidence which you gave, maintained not only that she consented but also that she initiated the sexual contact and that she was happy when she left your taxi at the end of her journey.

You have all along denied your guilt of rape and shown no remorse. The rape has had serious psychological effects on your victim, who has suffered greatly as a result of it. You were also convicted of attempting to pervert the course of justice on 18 February 2019 by attempting to induce her brother-in-law to contact her and persuade her to withdraw her complaint of rape against you.  

You are now 41 years old. You have no previous convictions. I have read the criminal justice social work report on you and considered all that has been said on your behalf in mitigation. You must appreciate that the crimes of which you have been convicted require a significant custodial sentence.

On charge 1, the charge of rape, the sentence which I impose is 5 years imprisonment. On charge 2, the charge of attempting to pervert the course of justice, the sentence which I impose is 12 months imprisonment, consecutive to the sentence on charge 1. That makes a total sentence of 6 years imprisonment. Your sentence will run from 12 April 2019.

As a result of your sentence on charge 1 you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”