SENTENCING STATEMENTS
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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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Read more about victims of crime and sentencing.
HMA v Owen Kevin Orr
Jul 24, 2024
Lord Doherty made the following sentencing statement:
“Owen Kevin Orr you have been convicted of five charges of rape involving four women. Two of the charges involved multiple rapes. In relation to three of the women you have also been convicted of courses of abusive behaviour contrary to s1 of the Domestic Abuse (Scotland) Act 2018. You have also been convicted of an assault to injury of a fifth woman.
The Criminal Justice Social Inquiry Report indicates that you continue to deny responsibility for the offences. You have expressed no remorse. It is clear from the evidence at the trial and from Victim Impact Statements and other material I have been provided with that your offending has had serious and lasting emotional and psychological consequences for your victims.
I have regard to all that has been said on your behalf. You have no previous convictions. You experienced some adverse circumstances growing up. You have had some issues relating to your mental health. The abusive behaviour of which you have been convicted began when you were 17 or 18 and the last charge relating was committed when you were aged 22. You were aged 20 when you committed the first rape. The subsequent rapes were committed when you were aged 21 and 22. At the date of your conviction you were 5 days short of your 24th birthday. You are someone to whom the Sentencing Young Persons Guideline applies. You were not a fully mature adult when these offences were committed, but you were an adult aged 20-22 when the most serious of them took place. I take account of that. I have regard to the possibility of rehabilitation. Had it not been for your relative youth and immaturity the sentence which I am about to impose would have been significantly higher.
Your offending was an appalling catalogue of sexual violence and abusive behaviour. The sentence requires to impose due punishment for that and to protect the public, in particular young women, from your behaviour.
I shall impose an in cumulo sentence for all of the offences.
I am satisfied that the period for which you would otherwise have been on licence would not be adequate to protect the public from serious harm from you when you are eventually released from this sentence. For that reason, I am going to pass on you an extended sentence of 15 years’ imprisonment which is in two parts. The first part of the sentence is a custodial term of 11 years’ imprisonment. I attribute 6 months of that custodial term to the domestic abuse aggravations in charges 2, 4, 7, 8, 10 and 13 and a further 6 months of it to the bail aggravations in charges 6, 7, 8, 10, 11, 12 and 13.
But that custodial term of 11 years is not the end of the extended sentence. The second part of the extended sentence will be served in the community. From the date of your release, you will be under licence for an extension period of 4 years. The conditions of your licence will be fixed by the Scottish Ministers. If, during this extension period, you fail to comply with the conditions of your licence, it may be revoked; and you may be returned to custody for a further period in respect of this case. The court also has power to deal with you if you commit another offence after your release and while you are on licence.
That sentence will be backdated to 6 September 2022 the date you were remanded in custody.
The court shall also make a non-harassment order in terms of section 234A of the Criminal Procedure (Scotland) Act 1995 prohibiting you from approaching, contacting or communicating with each of the 5 complainers indefinitely and with the child of one of the complainers mentioned by the advocate depute.
You are subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 for an indefinite period.”
24 July 2024