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.

Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.  

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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.

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HMA v Lee Thomas John Thomson

 

Feb 21, 2020

At Edinburgh High Court today, Lord Pentland imposed an extended sentence of 13 years with a custodial term of 9 years on Lee Thomas John Thomson after the offender was convicted of charges including assault and rape.

 

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

“Lee Thomas John Thomson, the jury convicted you of 10 charges amounting to a sustained pattern of domestic and sexual abuse committed against 3 of your former partners over a period extending between 2012 and 2019.  The offences involved frequent physical violence and repeated rape.  You sought to control, intimidate and isolate your partners.  You often assaulted them violently.  On one occasion you fractured your partner’s cheekbone.  Over and above the physical violence, you raped each of your partners on a number of occasions, including whilst they were asleep.  The evidence at your trial showed that you are unable to control your anger and frustration, that you are a controlling bully, and that you have no respect for women.  Your conduct resulted in your victims suffering not just physically, but also psychologically and emotionally.  They all deserve great credit for their courage in giving evidence against you. 

You are a 26 year old man with a number of previous convictions at summary level.  I note that some of these were for violence and that some were committed in domestic circumstances.  You have previously breached bail conditions. 

I have taken account of the victim impact information, of all that has been said on your behalf this morning, and of the contents of the criminal justice social work report and the risk assessment contained in it.  It is regrettable that you have demonstrated no insight into the gravity of your offending or its severe impact on your victims.  You are assessed, correctly in my opinion, as presenting a significant risk of committing further violent crimes in the context of intimate relationships.

I am entirely satisfied in view of the nature, persistence and gravity of these offences, your negative attitude towards them and your lack of remorse and empathy for your victims that you present a substantial risk to the safety of women.  An extended sentence is, I consider, necessary for the protection of the public.

On all the charges taken together I will impose an extended sentence of 13 years imprisonment.  The custodial term will be 9 years (3 months of which is attributable to the bail aggravations and 6 months to the domestic abuse statutory aggravations).  The extension period will be 4 years.  During the extension period you will be subject to a licence containing conditions considered necessary for the protection of the public from serious harm.  If you breach the conditions of the licence, you are liable to be returned to custody for the unexpired part of the extended sentence.

I will backdate the sentence to 30 April 2019.

You will remain subject to the notification requirements applicable to sex offenders indefinitely.

Details of your convictions have been intimated to the Scottish Ministers in terms of the legislation protecting vulnerable groups.”