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 Alexandru Adrian Tecla

 

Oct 14, 2021

At the High Court in Edinburgh today Lady Poole sentenced Alexandru Adrian Tecla to 26 months imprisonment after the offender was found guilty of rape.


On sentencing, Lady Poole made the following statement in court:

"Alexandru Adrian Tecla, you were convicted by the jury of rape at the High Court in Edinburgh on 16 September 2021. 

You had only met your victim that evening.  You took advantage of her after she had invited you and your friends back to her house. After having drinks with you all downstairs, she had gone to bed and put the light off.  You went upstairs to the room she was in.  There you had sex with her, although as the jury found she had not consented to having sex with you.  

You caused upset and distress to your victim.  She understandably felt violated by what had happened.  I have read a victim impact statement. What you did had a significant impact on her.  Since then, her day to day life has been adversely affected in many ways.  

I have considered the terms of the criminal justice social work report that I ordered.  I have listened carefully to the submissions of your counsel in mitigation and have taken all of the points made into account in determining the appropriate disposal in your case.  
You are 22 years old.  At the time of the offence you were only 20 years old.  An important factor in sentencing you is your age.  When you committed this offence you lacked maturity, and I consider that the degree of blame to be attributed to you is less than older adults who have committed similar crimes.

Your immaturity and inexperience seems to me to have been a factor in your bad judgement, your impetuous and ill-considered actions, and in your susceptibility to the influence of others.  You had only been in Scotland for four days and had very little English language. You had been drinking, although that is no excuse for what you did. 

You co-operated with the police in that you answered all of their questions at interview.  You have a good work history, and I note that as soon as you were released on remand after spending a number of months in prison at an earlier point in this case, you found work again.  You have a supportive friend in the community in Scotland.  I consider there are prospects that you will develop into a responsible adult and reintegrate into society.   

Nonetheless I also have to consider other factors such as retribution, deterrence and protection of the public.  You have been convicted of rape which is a serious crime and an unacceptable violation of your victim.  The circumstances of this case must attract a significant prison sentence. You have never before been imprisoned, but given the nature of the offence of which you have been convicted I consider there is no other reasonable alternative to a custodial sentence.

I sentence you to a period of 26 months in prison.  This is reduced from a headline sentence of 4 years of imprisonment by a period of 22 months, to take account of the 11 months you spent on remand at an earlier stage of this case.  Your sentence will be backdated to 16 September 2021.  

As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for 10 years. As I explained to you when you were convicted, your name has been added to the lists of persons deemed unsuitable to work with vulnerable groups."

14 October 2021