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 Steven Connery
May 15, 2025
On sentencing, Judge Brown said:
"On 28 March 2025 you were convicted after trial on four charges involving sexual offences against two female partners during your relationships with them.
Charges 2 and 3 relate to your conduct during the first relationship which lasted 5 months. You frequently raped her by having sexual intercourse with her without her consent. Your intimidating behaviour towards her scared her to such an extent that she felt that she had no choice in the matter. She spoke about freezing up while it was happening and afterwards curling into a ball feeling horrible and whimpering and often bleeding from her vagina. Then on one occasion when she was in the bathroom getting ready for a night out you came into the bathroom, put your hand into her pants and put your fist into her vagina. She said that the pain was “excruciating” and that she was so shocked that she couldn’t speak. That incident left her bleeding from her vagina and crying in pain.
Charges 5 and 7 relate to the other relationship which lasted some two years. The second complainer has since died and her evidence was presented in the form of a statement she provided to the police. You repeatedly raped her by having sexual intercourse without her consent. You also frequently and without warning put your hand into her pants and your fingers into her vagina, despite her efforts to prevent that happening. Then on one occasion when you were lying in bed together you suddenly put your fist into her vagina, which she said was “agony”. She described the relationship with you as “absolute torture”.
Given the serious nature of these offences, the only appropriate sentence is imprisonment, with the length of the sentence being determined on the basis of the harm caused and the level of culpability or blameworthiness. As regards harm, it is almost inevitable that offences of this nature will cause substantial harm and in relation to the second complainer, who has since died, it is clear from a victim impact statement submitted by her sister that your behaviour had a massive impact not only on her but also on her family. As regards culpability, there are obvious aggravating features, being
- the fact that the complainers were your partners
- the repeated and persistent nature of the offending throughout the relationships and
- your substantial criminal record, in particular for domestically aggravating offending.
One factor which reduces culpability to some extent in relation to charges 2 and 3 is that you were still reasonably young at the time - though there is little to indicate that a lack of maturity was a significant factor.
I am imposing one sentence in respect of all four charges and this is an extended sentence in terms of sec 210A of the 1995 Act as I am satisfied due to the serious nature of these offences, your previous convictions and the high risk of re-offending, as noted in the CJSWR, that you will present a risk of serious harm to the public on your release and that an extension period is necessary in order to provide additional protection to the public. That sentence is a cumulo extended sentence of 13 years, consisting of a custodial term of 10 years and an extension period of 3 years. That sentence takes account of the statutory aggravations in charges 5 and 7 and there is no additional sentence is respect of those aggravations. During the extension period you will be on licence on conditions fixed by Scottish Ministers and if you fail to comply with those conditions, the licence may be revoked and you may be returned to custody. This sentence will run from 28 March of this year.
By way of explanation of the custodial term of 10 years, had the court been dealing separately with the offences against each partner, a custodial term of 7 years would have been imposed in respect of charges 2 and 3, and 8 years would have been imposed in respect of charges 5 and 7, the lesser sentence in respect of charges 2 and 3 being due to the shorter time period involved and your age at that time. If these sentences had been imposed and made to run consecutively to each other, the result would have been an excessive custodial term of 15 years so it has been reduced to 10 years in order to achieve a fair and proportionate overall sentence.
As a result of this sentence you be subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.
I will also make a non-harassment order in respect of the complainer in charges 2 and 3 that you shall not by any means, either directly or indirectly including by electronic means or via social media, contact or attempt to contact her, or approach or attempt to approach her, for an indefinite period."