SENTENCING STATEMENTS

 

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HMA v Lewis Brodie

 

May 9, 2023

At the High Court in Edinburgh, Lord Ericht sentenced Lewis Brodie to 8 years imprisonment after the offender was convicted of three charges of rape.


On Sentencing Lord Ericht made the following remarks in court:

"Lewis Robert James Brodie, you have been convicted of three charges of rape.

I have given careful consideration to the Criminal Justice Social Work report and what has been said on your behalf today, and have taken all of that into account.

You have no previous convictions.  The first rape took place when you were of a young age (15), and I have taken your age into account in respect of that charge.  

The Criminal Justice Social Work report assesses there to be a moderate risk of reoffending and reconviction, with those at most risk of harm including females who are known you.  It also says that the harm caused is likely to be high.

However, you have committed three rapes.   When you had been drinking, you took advantage of women known to you.  Your first victim was only 15.  You raped her in her own house after she held a party for her friends from school when her parents were away for the weekend.  Your second victim was one of your friends.  You raped her in her own flat after going there in the late evening after having been out drinking.  Your third victim was a vulnerable person living in homeless accommodation.  You raped her in her accommodation after going there, drunk, late at night.    That is a sustained course of serious sexual criminal misconduct for which only a substantial custodial sentence is appropriate.

It is clear from the evidence given by your victims in court, and from the Victim Impact Statement that I have seen, that your actions have had a profound and detrimental effect on your victims.   Two of your victims have had to leave Dundee as a consequence of what you did to them. 

Had it not been for the Me too movement you might have escaped justice.  You came to the attention of the police when you went to the police to complain about your victims posting on line what had happened to them.  That is indicative of your attitude towards your victims and your crimes.  Your victims are to be commended for coming forward, not complained about in an attempt to silence them.

I shall impose a cumulo sentence covering all three charges.  I sentence you to a period of imprisonment of 8 years, backdated to 24 March 2023. 

You will be subject to the notification requirements indefinitely.

I am also going to impose further orders for the purpose of the protection of your victims.

I impose a non-harassment orders that you do not by any means (including directly, by telephone, letter or electronic means such as e mail text message or video call) approach or contact or attempt to approach or contact any of the three victims for a period of 10 years.

If you are found to have breached this order then you may be punished which can be by imprisonment."