SENTENCING STATEMENTS
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HMA v Ryan Hush
Dec 11, 2023
On sentencing Lady Poole made the following remarks in court:
"Ryan Charles Hush, you were convicted by the jury at the High Court in Edinburgh on 9 November 2023 of one charge of rape.
When you were 21, you went out one evening to watch football and drink with friends. You met your victim, her flatmate and her flatmate’s partner in a bar for the first time. You went back with them to their flat. There you had consensual sexual intercourse with your victim. However, after some time she wanted to stop, and withdrew her consent. The jury found you carried on and had sex with her anyway. That was rape. You had consumed alcohol prior to the offence which no doubt impaired your judgement, but that is no excuse. You sought to meet your own sexual needs without consideration for your victim. You raped your victim in the bedroom of her own home where she should have been safe.
As a result your victim has suffered, both at the time and afterwards. A victim impact statement sets out the extensive impact on your victim’s life as a consequence of what you did to her.
I have considered the criminal justice social work report I ordered, and a Tay Project Assessment report. You were assessed using three different assessments, and the overall conclusion in the criminal justice social work report was that you present as a moderate to high risk of reoffending.
You have only one previous conviction for aggravated assault on a male, and threatening and abusive behaviour, committed when you were under the influence of alcohol. Initially that was dealt with by a non-custodial disposal of a community payback order. You were subject to the supervision requirements of that CPO when you raped your victim. As a result of the present case the CPO was revoked, and you were sentenced to 10 months imprisonment.
I have taken into account everything said on your behalf in mitigation. I have also taken into account the numerous strong character references provided for you. You have a good work ethic. You have worked in a sports shop and were in your third year of an apprenticeship as a fabricator at the time of the offence. You have continued to work while in prison. Your uncle has offered you a job on release. You have a family who stand by you, and attended your trial every day to support you. You show some insight and a desire to moderate your behaviour in future.
Because you are 23 years old, the Sentencing Young Persons Guidelines apply. There are two particular factors I bear in mind: your reduced culpability due to your lack of maturity at the time of the offence, and your prospects of rehabilitation. Your crime was opportunistic and did not involve planning. You did not think properly about consent and what could happen as a result of your actions, including the impact on your victim. You showed poor judgement, and your immaturity would have played a part in that. Given your work history, supportive family, limited previous offending, partial insight and desire to change your behaviour in the future, there are prospects of rehabilitation.
I have taken into account the deletions that the jury made to the charge. I also take into account that until you committed this offence, you had not previously been sentenced to imprisonment or detention, although you have now served a sentence of imprisonment as a result of the revocation of the CPO to which you were subject. Given the nature and seriousness of this crime of rape, no other method of dealing with you other than imprisonment is appropriate. However, due to mitigating factors and in particular your age, the period of imprisonment I will impose will be shorter than I would have imposed on an older person for a similar offence.
The sentence I impose is 4 years imprisonment. I will backdate that sentence to 4 November 2022. Although you have been in custody since first appearing on petition on 4 June 2022, part of that period is attributable to the sentence of imprisonment imposed on you when the CPO to which you were subject was revoked.
As a consequence of the sentence I have imposed you have been placed on the sex offenders register for an indefinite period."
11 December 2023