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.

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HMA v Raymond Alexander Anderson

 

Dec 8, 2021

At the High Court in Edinburgh today Lady Poole sentenced Raymond Anderson to seven years' imprisonment after the offender was convicted of rape.

 

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

“You were convicted by the jury at the High Court in Edinburgh on 4 October 2021 of sexual offences against two women. 

You raped and sexually penetrated your victims. They deserved to be treated by you with kindness and respect. Instead you appear to have been fixated on your own sexual desires and fantasies. Both of your victims described pain as a result of your abuse, but that did not stop you. You went ahead and did what you wanted for your own sexual gratification, regardless of what it cost your victims. 

I have read victim impact statements, and it is clear that your offences have had a profound effect on your victims. They have suffered in many ways. They are to be commended for their courage in coming to give evidence against you and revisit traumatic experiences in their lives. 

I have taken into account the criminal justice social work report which I ordered. You continue to minimise your offending. You have previous convictions for five offences, all of which involve domestic aggravations. All were at summary sheriff court level and resulted in non-custodial disposals. On the positive side, you have recently completed the Caledonian Men’s Programme which you attended as a result of a community payback order imposed on you. Risk assessments suggest you pose a low or moderate risk of sexual reconviction.

I have listened carefully to the submissions of your counsel in mitigation, and I have taken all of the points advanced on your behalf into account. I note your good work history, and your current relationship which you have maintained for three years. 

Nonetheless a conviction for such serious sexual offences must attract a significant prison sentence. You have never before been sentenced to detention or imprisonment, but I do not consider any method of dealing with you other than a custodial sentence is appropriate. I sentence you on the basis of the course of conduct which the jury found proved, which involved sexual misconduct on various occasions between 2013 and 2018. Although the criminal justice social work report suggested that the court might consider imposing an extended sentence, I am not satisfied that the statutory test for imposition of such a sentence is met. Accordingly I impose on you a determinate sentence of 7 years imprisonment in cumulo. The jury also found you guilty of aggravations to two of the charges, but I have not further increased your sentence, because I consider this factor is adequately reflected in the sentence I am imposing.

Your custodial sentence will be backdated to 4 October 2021 which is the date you were first remanded in custody. 

As a result of that sentence you are subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period. Your name has been added to the lists of persons deemed unsuitable to work with vulnerable groups.

I also make non-harassment orders to protect your victims from harassment by you. 

You must refrain from approaching or contacting or attempting to approach or contact both of your victims for a period of 15 years from today’s date.”

8 December 2021