SENTENCING STATEMENTS

A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.

Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.

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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.

For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website .

Read more about victims of crime and sentencing.

HMA v Olaksandr Dupik

Jul 1, 2026

At the High Court in Edinburgh, Lady Drummond sentenced Olaksandr Dupik to four years imprisonment after the offender pled guilty to attempted rape.

On sentencing Lady Drummond made the following remarks in court:

"You pled guilty to a charge of attempted rape that you committed on 23 November 2025.

Unusually the incident is recorded on CCTV which was played to the court. It is obvious from the footage that the complainer was in a highly intoxicated and vulnerable state. You had never met her until that night. It must have been obvious to you that she was intoxicated and incapable of consenting to any sexual activity. She can be seen being held up by others who were concerned for her wellbeing. Yet, knowing her vulnerable state, you led her down a dark and isolated lane and attempted to rape her.

The only thing that stopped you in your attempts was the vigilance and thoughtfulness of a security guard. He had seen you and the complainer on CCTV. He was so concerned for the complainer that he left the premises he was in and followed you. It was only on hearing him shout at you that you stopped and ran off. The security guard is to be commended for the actions he took out of his concern and care towards the complainer. Had he not interrupted, I have no doubt that you would have persisted in your actions.

You are 34 years of age and have no previous convictions. I have taken into account all that has been said on your behalf this morning and is contained in the social work report which sets out your personal circumstances, adverse childhood experiences, mental health and alcohol issues. Your risk of reoffending is assessed as moderate. From what I am told this morning you feel shame for your behaviour but are struggling to accept responsibility. You had been drinking yourself that evening but you must recognise that is no excuse for your behaviour.

I have had regard to the Scottish Sentencing Council Guidelines on Rape. Given the vulnerability of the complainer I consider, had this been the completed crime of rape, your offending would fall into category A3 which has a range of 6 to 8 years imprisonment. The fact that the offending took place in a dark lane is an aggravating feature. I recognise that you have committed the crime of attempted rape rather than rape. In all the circumstances, I imprison you for a period of 5 and a half years (66 months) and reduce that to 48 months to reflect the stage you pled guilty. That is a sentence of 4 years.

I also make a non-harassment order with conditions that you do not contact or approach or attempt to contact or approach the complainer for an indefinite period.

Because this is a sexual offence you will be subject to the notification requirements of the sex offenders register for an indefinite period. The Scottish Ministers will be notified of your conviction.

Your sentence is backdated to 24 November 2025.