SENTENCING STATEMENTS

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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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Read more about victims of crime and sentencing.

HMA V Hisham Awad

Jan 27, 2022

At the High Court in Edinburgh today, an extended sentence of 9 years was imposed on Hisham Awad with a custodial part of 6 years. This sentence will run consecutively to a determinate sentence of 18 months, after the offender pled guilty to two serious sexual offences against young women.

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

"You pled guilty to two serious sexual offences against young women. In the first one you assaulted an 18 year old women who had fallen asleep on a couch. You removed her lower clothing, pulled her legs apart and touched her vagina with your fingers.

On the second occasion you invited a 17 year old girl to your flat. You led her to believe that there would be others present including a mutual friend. That was untrue. You gave her pineapple juice which you previously laced with MDMA, MDA and Methylone.

Realising that she had been drugged she had the presence of mind to go to the bathroom and text her boyfriend asking him to call the police and giving them the address. She made her way back into the bedroom and got into bed. Unfortunately she succumbed to the stupefying effects of the drugs before the police arrived. Using scissors you cut away the lower part of her clothing. You then raped her penetrating her anus with your penis and penetrated her anus and vagina with your fingers.

Meanwhile your victim’s boyfriend had contacted the police who arrived at the door. Your victim told police that she had been drugged and raped. She was taken to hospital and placed on intravenous fluids before being released the following day.

Both of these offences are serious but I take a particularly serious view of the second offence. It involved a 17 year old girl who trusted you when you told her that there would be others present in the house when she visited. The use of drugs to overcome your victim is alarming. It was potentially dangerous and demonstrated a high degree of planning and preparation.

I have no doubt that these offences will have had a significant effect on your victims and may well lead to long term psychological problems.

The reports indicate that you did not present as remorseful and displayed no insight into your behaviour. You are assessed as being of high risk of further offending.

I have no doubt that you pose a risk of harm to young women. I am particularly concerned at the statement in the CJSWR that you committed the second offence because you had not been convicted of the first one and felt that you had got away with it. I am satisfied that the criteria for an extended sentence is met.

On the positive side the Clyde Quay Risk Assessment advises that you take a level of responsibility for your actions and have some understanding that you have harmed the victim. You are suitable for inclusion on the Moving Forward Making Changes Programme. I understand that in prison you will be subject to a Generic Programmes Assessment and, if suitable placed on a waiting list for a programme.

I take in account all that has been said on your behalf. I note the stage at which the plea was tendered and that is to your credit. I also take into account the absence of similar offending in the past.

As a result of your conviction and the sentence which I am about to impose you are subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.

The clerk of court will serve upon you a notice confirming those requirements with which you must comply.

On charge 3 if you had been convicted after trial I would have imposed a sentence of 2 years imprisonment. In view of your plea I shall discount that to one of 18 months imprisonment.

On charge 7 I shall impose an extended sentence of 9 years of which 6 shall be the custodial part and 3 years extended. The custodial part is discounted from 8 years.

These sentences shall run consecutively and be backdated to 12 February 2021.