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.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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Once charges are spent, any statement in relation to them is removed and cannot be provided or acknowledged. Statements published before the launch of the website may be available on request. Please email judicialcomms@scotcourts.gov.uk.
The independence of the judiciary is essential to safeguard people’s rights under law - enabling judges to make decisions impartially based solely on evidence and law, without interference or influence from the government or politicians.
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.
Read more about victims of crime and sentencing.
HMA v Sean Mitchell
Aug 22, 2023
On sentencing, Judge Craig told Mitchell:
“You were unanimously found guilty after trial of two charges – one of coercive and controlling behaviour involving physical and emotional abuse as well as financial and serious sexual abuse, and a separate charge of rape to injury. You were in an intimate relationship with your victim who was a young, vulnerable person. While that relationship lasted for a matter of a few weeks, the abuse started almost straight away and only stopped when your victim was finally able to throw you out.
I have read the victim impact statement who describes your offending as having a profound emotional and psychological impact on her.
Neither at trial nor in the criminal justice social work report do you acknowledge or accept your guilt and instead blame your victim. That has made it difficult to assess your level of risk. However in selecting sentence I have had regard to the lack of any previous convictions and that there does not appear to be broader background of domestic violence. I am therefore satisfied that a determinate sentence is appropriate albeit it that you will be monitored in the community once you are finally released on license.
In selecting the length of the sentence I have taken into account your age, both now and at the time of the offences, and having regard to the sentencing guidelines, impose a cumulo sentence of six years and six months – six months of which relates to the aggravation on charge 2. That will be backdated to the date of your remand in custody 25 July 2023.
You will remain subject to the notification requirements applicable to sex offenders for an indefinite period, and your name will be added to the lists of persons deemed unsuitable to work with vulnerable groups.”
22 August 2023