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 Darren Glass
Dec 13, 2024
On sentencing Judge Simon Collins made the following remarks:
"On 6 November 2024 the accused was convicted by the jury of five charges: first, of raping a 15 year old in November or December 2021, and so fathering a child by her; second, of raping a woman on an occasion between April and June 2021; third, of raping the woman again on an occasion in December 2021; fourth, of engaging in a course of domestically abusive behaviour; and fifth, of breaching section 6 SOSA by sending a picture of his naked erect penis in May 2022.
I have a Victim Impact Statement from both complainers. In short summary they both describe significant and ongoing mental and emotional trauma arising from the offences, including depression, social anxiety, flashbacks, and difficulties with sleeping and in relationships with others. The harm caused them has been substantial.
I have a Criminal Justice Social Work Report in respect of the accused. In summary he continues to deny the offences and so expresses no remorse. He is assessed as having a distorted views of females and sexual entitlement. It is suggested that if he does not accept responsibility for his offending behaviour and address the factors that influenced it, there is a significant but otherwise unquantified risk of analogous reoffending against women and children.
The accused has a schedule of previous convictions, but these consist of four road traffic offences. Relative to the present offences they are minor and in any event non-analogous.
Given the nature and circumstances of the offences there is no proper alternative to a significant custodial sentence. In determining the sentence I have had regard, as I must, to recent decisions of the Appeal Court in rape cases.
Had it stood alone, the sentencing range in relation to charge 1 would have been between 5 and 7 years imprisonment. After consideration of aggravating and mitigating factors, the sentence would have been one of 6 years and 6 months.
The sentencing range in relation to charge 4 and 5, considered in cumulo, would also have been between 5 and 7 years' imprisonment. After consideration of aggravating and mitigating factors, the sentence would have been one of 6 years.
Charges 2 and 6, had they stood alone, would have been prosecuted on summary complaint in the sheriff court and sentenced at that level. Considered in cumulo, the sentence would have been one of 6 months imprisonment.
Had all these sentences been imposed consecutively, the total sentence would therefore have been one of 13 years imprisonment. This would have been excessive. The sentence on charges 1, 4 and 5, taken together, will therefore be one of 8 years' imprisonment.
Given the length of this sentence, and the summary nature of charges 2 and 6, the cumulo sentence of 6 months' imprisonment on these charges will run concurrently with the sentences on all the other charges.
Accordingly the sentence will be one of eight years, backdated to 6 November 2024 when the accused was first taken into custody.
I am not satisfied that the statutory tests for the making of an extended sentence are made out.
On conviction the accused was made subject to the registration requirements of the Sexual Offences Act 2003. Given the sentence just imposed, he will be subject to these requirements for an indefinite period.
I will also make a non harassment order in respect of the complainers. The accused must not approach or contact them, nor attempt to approach or contact her child, whether directly or indirectly, for a period of 15 years from today’s date."
13 December 2024