SENTENCING STATEMENTS
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Read more about victims of crime and sentencing.
HMA v Mohamad Sabbagh
Aug 28, 2024
On sentencing, Lady Ross said:
"Mohamad Sabbagh, you were convicted after trial of one charge of rape. This is a very serious offence.
The complainer had been on a night out with her friend. They wanted to go home, and in the early hours of the morning you picked them up in your car. They thought that they were getting into a taxi, but you did not have a taxi licence. You dropped off the complainer’s friend near her house, and then the complainer was alone with you in your car. She had been drinking alcohol and she was intoxicated. She gave you her bank card and her PIN and you tried and failed, repeatedly, to withdraw money from her account. You had been parked on a main road but you drove to a more secluded area, a car park. The complainer was in the back seat of your car. You were aware that she had vomited in your car. She was intoxicated and she was in no position to consent to having sex with you. In her own words, she was drifting in and out of consciousness and she was scared. She just wanted to go home. You penetrated her vagina with your penis and you raped her. Eventually, you took the complainer to her brother’s house. It did not take long for members of her family to realise that something was badly wrong.
Your explanation was that you wanted to offer your help to two women who were out, on the side of the street, late at night. That was wholly and horribly at odds with what you then did. The complainer got in your car, believing that you would take her home. She was a stranger to you, in need of help, and vulnerable. You knew that, but you took advantage of her. You exploited her vulnerability. Your account was that she offered you sex and that, in your weakness, you accepted. The jury rejected that explanation. You continue to deny responsibility, maintaining the position that what took place was consensual, and indeed initiated by the complainer. In that sense, you seek to blame the victim. There is no suggestion of remorse.
This had a serious impact on the victim. It was a traumatic experience for her. She was extremely distressed afterwards. She gave evidence on commission and it was clear from that that, even some time after the event, what you did to her had had a harmful impact.
I have considered all that has been said on your behalf. I have also considered the contents of the criminal justice social work report. You are now 40 years old. You have lived in Scotland since 2018 and you have no record of previous convictions in that period. You informed the author of the report that you have no convictions for any offences prior to that date. I have taken account of your family and employment circumstances.
Mr Cloggie has drawn my attention to a number of matters. I have had regard to all of them. It is important that I consider this case on its own facts and circumstances.
Although you have not previously served a custodial sentence, the nature and seriousness of your offence mean that there is no alternative to a prison sentence. This is necessary to fulfil the relevant sentencing purposes of punishment, the expression of society’s concern about sexual offending of this kind, and the public interest in deterring such offending. I have considered whether I should impose an extended sentence. I have considered the limited information in the social work report indicating you are at a moderate risk of reoffending. However, I am not satisfied that the statutory test for an extended sentence is met, taking account of all of the circumstances in your case.
I sentence you to seven years' imprisonment, backdated to 1 August 2024, that being the date when you were remanded in custody. As already explained, you are subject to the notification requirements of the Sexual Offences Act 2003. That is for an indefinite period. The Scottish Ministers have been notified of your circumstances in relation to the protection of vulnerable groups.
I also make a non-harassment order in respect of the complainer in the standard terms and that will be for an indefinite period."