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.

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 Kyle Victor Allan

Nov 24, 2023

At the High Court in Dundee today, Lord Ericht sentenced Kyle Victor Allan to eight years in prison after the offender pled guilty to rape to severe injury and danger of life. He has been placed on the Sex Offenders’ Register indefinitely.

On sentencing, Lord Ericht told Allan:

“Kyle Victor Allan you have pled guilty to rape to severe injury and danger to life under a sec 76 indictment.

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. The Criminal Justice Social Work report assesses a medium or moderate risk. Your only conviction is for a minor assault. You have pled guilty at an early stage and under our system that entitles you to a discount on your sentence, not least because it spares your victim the further ordeal of having to give evidence in court.

You entered the home of a complete stranger. Her partner was working offshore and she was having a quiet Saturday night at home, with her young child asleep in his room and teenage son out visiting a friend. You subjected her to a terrifying ordeal, grabbing her throat until she was unconscious and raping her. She pleaded with you and fought back bravely. When she tried to get out of the house you pushed her towards the door causing her to strike her head against the door and pushed her to the ground. You threatened to kill her and her children.

This was a random attack involving extreme violence, a night of terror.

I commend your victim for her bravery. I also commend her son for how he responded to her phone call, and her friends who then came to the house to deal with the situation. The Victim Impact statement speaks eloquently of the devastating effect your actions have had on both your victim and her son, and indeed on their wider family.

Had it not been for your early plea of guilty I would have sentenced you to a period of imprisonment of 12 years. However, in view of that early plea the period of imprisonment will be 8 years, backdated to 13 June 2023.

You will be subject to the notification requirements indefinitely.”

24.11.23