SENTENCING STATEMENTS

 

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HMA v Joe Drever

 

Jun 11, 2026

At the High Court in Edinburgh Lord Harrower sentenced Joe Drever to four years imprisonment after the offender was found guilty of the assaults and sexual assaults of two women.

 

Upon sentencing, Lord Harrower made the following remarks:

"Joe Drever, you have been found guilty after trial of three charges involving both sexual assault and common law assault of two women in their own homes to their injury and to the danger of their lives. One of the women was your partner at the time, and the offending alleged in charges 1 and 2, in which she was the complainer, was aggravated accordingly. I will call her Alice, and the complainer in charge 3, Debbie. Of course these are not their real names.

Charge 1

You repeatedly over a period of six months left bruises on Alice's breasts and chest by biting and sucking her skin during sex. Alice did not consent to these actions. She asked you to stop, but your behaviour persisted. 

Charge 2

During consensual sexual intercourse with Alice, you took a tie from a dressing gown and asked if her if you could put it around her neck. She consented to that but told you not to make it tight. However, you tightened the cord, creating a knot that restricted her breathing. Despite her attempts to communicate her distress—trying to push you off, smacking the bed, and attempting to loosen the cord—she was unable to speak or breathe. She experienced a popping sensation in her eyes and face, indicative of burst blood vessels. She feared for her life and eventually went limp, at which point you stopped and loosened the cord. After the incident, Alice observed injuries in the mirror, including purple dots around her eyes and marks on her neck. 

Charge 3

You met Debbie at a bar and went back to her place. Once there she received a phone call from a friend who needed help. Debbie attempted to leave, but you grabbed her hair, pulled her onto the bed, and refused to let her go. You repeatedly seized Debbie by the throat, restricting her breathing, pinned her down, attempted to kiss her, bit her, and sat on top of her. Debbie tried to fight you off. She became light-headed. She was unsure if she had remained conscious throughout. The next thing she remembered was you standing at the bedroom door, saying, "Bye", and leaving abruptly. Debbie was emotionally distressed, struggling to breathe, and crying. The following morning, she noticed bruises across her chest, a cut behind her ear, and marks on her throat. 

Discussion

In sentencing you, I must first assess culpability and harm.

So far as culpability is concerned, compressing the neck so as to restrict breathing, whether or not part of sexual activity, is an extremely dangerous activity. The guideline for sentencing young people does not strictly apply, but you have only just turned 25, and would have still been 24 when this hearing was originally due to take place. In any event the guideline is not intended to create a 'cliff edge' and I am prepared to sentence you on the basis that it applies. Notwithstanding your relative youth and immaturity, I would still assess your culpability as high, particularly in circumstances where you carried out this type of attack on different women. I accept, however, that the sentence I impose should be less that it would have been were I sentencing an older person for the same or similar offences. 

So far as harm is concerned, each woman sustained bruising. Each has lodged a victim impact statement in which they describe the physical and emotional trauma that you inflicted upon them in their own homes. Your offending has had psychological consequences for both of them in addition to consequences for their employment and prospects. 

You are a young man with no previous convictions, and I have taken account of everything said by Ms Connor and in the character references submitted on your behalf. However, standing the serious nature of these offences, there is no alternative to a significant prison sentence. You are assessed as presenting with a moderate risk of reoffending, and I am satisfied that the ordinary period of licence will be adequate to provide protection for the public from serious harm from you. 

Sentence

Taking all the circumstances into account, and the principle of totality, I will sentence you in cumulo in respect of all three charges to a period of imprisonment of four years, beginning from today. Three months of that sentence will be attributed to the partner abuse aggravation. Had I been sentencing you in respect of the crimes committed against each complainer separately, I would have sentenced you in cumulo to a period of imprisonment of two years and three months in respect of charges 1 and 2, three months of which would have been attributed to the partner abuse aggravation, and two years and six months in respect of charge 3. As a result, you will be subject to the notification requirements of the Sexual Offences Act 2003 indefinitely. 

Finally, I will make non-harassment orders, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the complainers named in the charges on the indictment, those orders to subsist for an indefinite period. "

11 June 2026