HMA v MOLON TONKH BARAKA

At the High Court in Glasgow today, 22 September 2014, Lord Matthews sentenced Molon Tonkh Baraka to four years in prison after he pleaded guilty to sexual assault.

On sentencing, Lord Matthews made the following statement in court:

“Molon Tonkh Baraka, you have pleaded guilty to a very serious offence.

This was the stuff of nightmares. A woman was dragged into a secluded area in the dark thinking that she was going to be raped. It may have been her screams and struggles that caused this episode to stop otherwise this serious case would undoubtedly have been even worse. As it is one can only speculate what long term psychological damage will have been caused to your victim.

You are well aware that while drink may have been in the background it is no excuse. I leave it out of account.

I do take account of the act that you pleaded guilty and the Crown recognised in the narrative that that had significant value.

Two reporters assess you as a high risk and accordingly I am going to pass an extended sentence-that is a sentence in two parts.

There will be a custodial element then a period after your release, when, assuming you are still here, which is matter for the Secretary of State, you will be under a licence and subject to certain conditions which will be set in due course. Breach of the conditions may see you returned to prison to serve the remainder of your sentence. The extension period will be two years and the custodial term will be four years to run from 7 January 2014. It would have been five years but for the plea.”