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 Mohammed Tahmith Ahmed

 

Oct 23, 2023

At the High Court in Edinburgh today, Lord Doherty sentenced Mohammed Tahmith Ahmed to an extended sentence of 6 years, this includes a custodial period of 4 years and a 2 year extension, after the offender was convicted of sexual offences over a number of years. Ahmed has also been placed on the Sex Offenders Register for an indefinite period.


On sentencing, Lord Doherty told Ahmed:

“Mohammed Tahmith Ahmed, you have been convicted of three serious sexual charges, and of 2 further charges of assault to injury one of which was also to the danger of life.

Charge 1 involved sexually assaulting the victim over a period of a year when you were aged 12. Charge 2 involved sexually assaulting and vaginally raping the same victim during the same period, and charge 3 involved physically assaulting her, punching her on the body, seizing her by the hair and dragging her. That began when you were 12 and ended when you were 16. Charge 4 involved sexually assaulting and raping a second victim when you were aged 12 until you were almost 16, and charge 5 involved you assaulting her by punching her on the body, pulling her hair, kicking her on the body, and on one occasion compressing her neck, pushing her down stairs and restricting her breathing to the danger of her life. The events in charge 5 took place on various occasions from when you were aged 12 to 19. The evidence indicated that the incident involving danger to life took place when you were then 18.

These offences display a sustained course of serious sexual abuse of the victims while you were aged 12 to 15 and a sustained course of physical abuse of them from when you were aged 12 until you were 19. The victims were significantly younger than you. It was clear from the evidence which they gave and from the victim impact statements that the offences have had very significant consequences for the victims.

I have regard to all that has been said on your behalf. No previous convictions have been libelled. The Criminal Justice Social Work Report discloses that you had a difficult childhood and that you have suffered from mental illness. I have particular regard to the fact that all of the sexual offences were committed when you were an adolescent child.

I am going to impose an in cumulo sentence for all five offences. It is going to be an extended sentence because I am satisfied that the period you would otherwise be subject to licence would not be adequate for the purpose of protecting the public from serious harm from you. Had you been an adult at the time of all of these offences the sentence I would have passed would have been more severe. In light of your immaturity at the time of most of these offences, the sentence which I pass is an extended sentence of 6 years’ imprisonment, of which the custodial part is 4 years and the extension period is 2 years. The sentence will be backdated to 19 September 2023, the date when you were remanded in custody.

You will remain subject to the notification requirements contained in Part 2 of the Sexual Offences Act 2003 for an indefinite period.”

23 October 2023