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.
HMA v Scott Marini also known as HYND
Dec 9, 2020
On sentencing, Lord Uist made the following statement in court.
“You have pleaded guilty to the rape of an 18 years old woman in Uphall on 15 March this year by having sexual intercourse with her on her bed while she was asleep in her room. You pulled up her T shirt to expose her breasts and pulled her pants to one side. When she awoke she found you pulling your erect penis out of her vagina. You then jumped off the bed, sat at her desk, wrote a note admitting that what you had done was plain wrong and then gathered your things and left. In text messages sent to her later that day you admitted rape.
You are now 20 years old and single but have a two years old child by another woman. You have not been in steady employment. On 2 October 2018 you were convicted of assaulting a woman to her injury and sentenced to a community payback order of supervision for a period of one year. I have been provided with a very helpful and detailed report on you from a consultant clinical and forensic psychologist which discloses that you suffer from Asperger’s Syndrome, now known as Autism Spectrum Disorder, and Attention Deficit Hyperactivity Disorder. I doubt that these disorders played any material part in your commission of this crime, which was opportunistic and impulsive. You yourself said that you knew that what you were doing was wrong and you didn’t immediately stop because it felt nice, you got carried away and for a split second thought that you wouldn’t get caught. This crime has had a significant effect on your victim’s psychological well-being.
Had you been convicted by a jury after trial I would have imposed a sentence of 5 years detention. As you have pleaded guilty at an early stage that sentence will be discounted to 3 years 4 months detention.
As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”