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 Agnew
Jul 8, 2025
On sentencing Judge Louise Arrol KC made the following remarks in court:
"Steven Agnew, on 11th June 2025, at the High Court of Justiciary in Glasgow, you were found guilty of 2 charges of rape and 1 charge of sexual assault against two victims, one was aged 14. You committed these crimes during a period between 13th November 2020, when you were just 16 years old, and 3rd December, 2021 when you were 17 years old. You are still only 20. I have taken your youth and immaturity into account when assessing culpability, just as I do your victims’ youth and immaturity when assessing harm.
I have been provided with a victim impact statement from one of the young women you raped. It explains the significant effect which your attacks have had on her mental health, her education and confidence.
I have also taken into account the terms of your Criminal Justice and Social Work report and all that has been said on your behalf.
The circumstances of your offending involved several aggravating factors. You offended on two occasions against one of your victims. The offence against one of your victims is aggravated by reason that they involved abuse of your partner or ex partner. You used significant force in relation to one complainer to perpetrate your crimes.
In addition, the social worker has highlighted differences in relation to your explanations relating to aspect of your offending. There is no remorse.
The Sentencing Young People guideline is an important consideration. I consider that you were an emotionally immature young man at the time of these offences. I have also taken account of the various mental health difficulties from which you have been suffering and the difficult upbringing you have had. None of this excuses your crimes. Nor will it help the young women you have harmed. I have to acknowledge that you carried out these acts whilst you were between 16 and 17 years of age and it is accepted that a young person will generally have a lower level of maturity, and a greater capacity for change and rehabilitation, than an older person. For these reasons, the period of time which you will spend in detention for these offences will be shorter than if you were an older man sentenced for the same offences.
Had I been sentencing you in respect of each the offences separately, I would have sentenced you to the following periods of detention:
Charges 2 and 3: a cumulo sentence of 6 years
Charge 4: 5 years, 6 months attributable to the aggravation.
The total period of 11 years would be excessive. I propose instead to impose a single cumulo sentence upon you in relation to all the charges. In addition, however, I consider that, on your release from detention, the standard licence arrangements will be inadequate to protect the public, primarily young women, from serious harm caused by you. I have formed the opinion that you are likely to present such a risk to the public for a number of reasons. Firstly, I have given consideration to the nature of charges 2 and 3, in particular the age of your victim and the violence used to overcome her will. Secondly, in relation to charge 4, within 13 months of charges 2 and 3, you had committed another rape on a second victim, your partner. Thirdly, the social workers, in their report, consider that your risk of further offending ranges from high to very high using two different matrix.
The sentence which I am going to impose is known as an extended sentence. It is in two parts. The first part of the sentence is the period of detention which you will serve initially in a young offenders’ institution. The second part is the extension part when you will be on licence and under supervision in the community. When you are serving the extended period in the community, you will be subject to licence conditions fixed by the Scottish Ministers. If during the 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 indictment.
In all the circumstances, I sentence you on all charges to an extended sentence of 9 years comprising a period of detention of 7 years and an extension period of 2 years. In relation to the period of detention, 4 months of that period is attributed to the partner abuse aggravation in charge 5. The sentence is backdated to 11th June, 2025.
As a result of your conviction and the sentence imposed, you are subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.
I will also make a non-harassment order such that you may not contact, approach or communicate with the complainers, or attempt to contact, approach or communicate with any of them, either directly or indirectly, for an indefinite period."
8 July 2025