SENTENCING STATEMENTS
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Read more about victims of crime and sentencing.
HMA v Kenan Baki
Oct 28, 2025
On sentencing, Lord Cubie said:
"You were found guilty by the jury of a sexual assault and a rape, with the jury being satisfied in relation to each charge that you had overcome the will of the complainers, in part at least, by the administration of some substance to stupefy them.
The images captured on the CCTV from the barber’s shop will stay with all who watched it; the rape complainer’s loss of consciousness came in an immediate and shocking instantaneous collapse, which elicited no reaction from you because it was plainly expected and what you had planned; you were seen to blow air on her face to check her level of unconsciousness, to kiss the clearly unconscious victim; and then chillingly you took her to the back room where the evidence showed that you raped her.
I reiterate that the Crown proposition that you were on the lookout for someone to have sex with, aided by some substance, was made out. This was plain from what we saw of your earlier pursuit of the sexual assault complainer; you claimed in evidence that you were motivated to protect her, but you abandoned her when it was clear that staff had noticed your conduct and had intervened to prevent an escalation. I wish to commend the careful and exhaustive police work which identified your actions towards this complainer, who did not realise that she had been subject to your dangerous actions. You are then seen to pay attention to another female before identifying the second complainer as a victim. All point to your preplanning of your efforts to satisfy your own sexual wishes.
So this was no spontaneous or opportunistic reflex, but a plan which you made and were determined to execute. Your conduct was reprehensible and such conduct strikes fear into the heart of every woman who chooses to go out. It is clear from the victim impact statement that the effects of your conduct were immediate, damaging, widespread and long lasting. Both harm and culpability are very high.
You have no record to speak of but the report discloses a total failure to accept responsibility and an inability to recognise the effects and consequences of your action.
I will grant non harassment orders in favour of each complainer whereby you must not approach contact or communicate with the complainers or attempt to do so. Each such order will be for an indefinite period.
I propose to impose a cumulo sentence which reflects the conduct over the night in question, culminating in the rape perpetrated against a woman you had rendered unconscious, and your unwillingness and inability to take any responsibility.
I am also satisfied that the normal period of supervision is inadequate to protect the public from a risk of serious harm, so that you will be subject to an extended sentence of 11 years with a custodial part of nine years. The sentence will be backdated to 29 September when you were remanded in custody. You will be subject to the reporting obligations under the sexual offences act 2003 for an indefinite period."