SENTENCING STATEMENTS

On sentencing, Lord Arthurson told Davies:

“Jacob Xavier Davies, on 21 July 2023 at Inverness High Court a jury convicted you after trial of a catalogue of very serious sexual offending against three young girls and of a separate charge of assault to the danger of life against one of those young girls.  In particular and most seriously you were convicted of three separate charges of rape in respect of a 15 year old girl when you were yourself at the time aged 19 and 20.  I have read her impact statement and make no mistake, the effect of your crimes upon her has been utterly devastating. These offences all occurred in Orkney.  You were aged between 17 and 20 when this offending took place.

You are now aged 22.  You have no previous convictions.  You have a diagnosis of adult autism spectrum disorder.  You are an intelligent young man with considerable IT skills.  You have lived with your mother throughout your life, latterly in Orkney.  You are in my assessment, not least from my observation of you during the trial, and in particular as you gave your evidence, a highly vulnerable young adult.

I note from the criminal justice social work report which has been prepared for today’s sentencing hearing that you continue to deny the charges against you, as is your right.  It is equally incumbent on the court to note however your victim blaming behaviour and lack of victim empathy.  I further note from the report that you were between May to July 2020 subject to a three month diversion from prosecution programme in relation to alleged sexualised behaviours towards young females under the age of 16.  You have been assessed by the author of the report as high risk of sexual reconviction and as likely to pose a substantial risk of further harm, particularly towards any young female with whom you may have significant contact.  The author of the report has in terms invited the court to consider the imposition of an extended sentence in your case.

I have listened with considerable care to the submissions advanced on your behalf by your senior counsel in mitigation this morning.  In particular I note what has been said in respect of your young age at the time of your offending and indeed your age today, at the date of your sentencing, together with, under reference to the police interview led in evidence at the trial, your emotional immaturity, all of this in the context of a case in which the guideline on the sentencing of young people is engaged. Your senior counsel further emphasised your compliance over a period of several years prior to trial with stringent bail conditions, including a 7pm to 7am daily home curfew, and submitted that there were indeed protective factors in your case, namely your history of compliance with conditions and your supportive familial relationship with your mother and grandmother. Finally, I was advised that it is your stated intention to comply with any post custodial supervision requirement imposed by the court.

Turning now to disposal, it is plain from the gravity of the offending of which you have been convicted by the jury that only a substantial custodial sentence is appropriate.  On the basis in addition of the risk assessment material available it is further clear that the normal period of licence would not be adequate to protect the public from serious harm from you when you are in due course released.  I propose therefore to impose upon you today an extended sentence.  This sentence will be in two parts.  The first part will be custodial.  The second part will take the form of an extension period when you will be under supervision while on licence in the community.  The conditions of your licence will be set by Scottish Ministers.  If you fail to comply with these licence conditions during the extension period your licence will be revoked and you may be returned to custody for a further period in respect of this indictment.  The court also has power to deal with you if you commit a further offence after your release from the custodial part of this sentence while you are on licence and under supervision.

I propose to sentence you on an in cumulo basis on this indictment as follows.  On charges 1, 2, 5, 6, 7, 8 and 9 you will serve an extended sentence of 9 years duration.  The custodial part will comprise a period of 6 years.  The extension period will be one of 3 years.  It is very much to be hoped that this extension period will facilitate your safe return into the community in due course.  This sentence will be backdated to 21 July 2023, being the date of your conviction by the jury and initial remand into custody in this case.

Finally, you will henceforth be subject to the notification requirements contained in part 2 of the Sexual Offences Act 2003 for an indefinite period.”

17 August 2023