HMA v FUNDO CLEMENCE MHURA

At the High Court in Edinburgh Lord Uist sentenced Fundo Clemence Mhura to 6 years 5 months imprisonment after he pled guilty to abduction, attempted extortion and assault and robbery in Kirkliston between 20 and 22 January 2013.

5 July 2013

On sentencing Lord Uist made the following statement in court:

“You pleaded guilty to the abduction, attempted extortion and assault and robbery of Ricardo Cerdan at your home in Kirkliston between 20 and 22 January this year. You detained him in a bedroom for over 24 hours, handcuffed his hands behind his back and to a kettle bell, bound his ankles together, gagged him, failed to provide him with adequate food and water, refused to allow him to go to the toilet and made him urinate in a bottle, threatened him with a sword and a hypodermic needle which you said was contaminated with the blood of a drug addict, threatened to blind him with a liquid which you said was acid , threatened to kill him, photographed him while he was handcuffed to the kettle bell and having to urinate in the bottle, attempted to extort money from him and robbed him of £3,000 and a mobile phone. All this you did while you were the subject of three separate bail orders. On any view this was shockingly lawless conduct of a serious nature which cannot be tolerated in a civilised society. It occurred against a background of criminality and involved an element of deliberate cruelty. Your victim has been greatly affected by the terrifying ordeal to which you subjected him and is receiving counselling for post-traumatic stress.

You are now 29 years old. You have previous convictions at summary level, mainly for road traffic offences, which I shall ignore for present purposes. I have considered the terms of the criminal justice social work report on you, the letter which you addressed to me and all that has been said on your behalf in mitigation. I am told by the social worker that when interviewed you failed to accept full responsibility for your conduct and that you denied and minimised what happened, although your position in that respect has now changed. You have shown only what has been described as, at best, superficial remorse and you seem unable to comprehend the trauma which you caused Mr Cerdan to suffer. I am told that you associate with people involved in criminal activity and that you are supportive of criminal activity.

Had you been convicted by a jury after trial I would have imposed a sentence of 8 years 6 months imprisonment, of which 6 months would have been referable to the bail aggravation. As you pleaded guilty at a preliminary hearing that sentence will be discounted to 6 years 5 months imprisonment, to run from 24 January 2013.” 

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