HMA v TAYLOR DIBA

At the High Court in Edinburgh on 30 March 2015, Lord Uist sentenced Taylor Diba to six years and four months imprisonment after the accused was convicted of rape and failed to appear at an earlier High Court hearing.

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

“Taylor Diba, you were convicted by the jury of raping an extremely drunk 19 year old woman in a flat in Prestwick on 22 July 2013. You and your two male friends had attended a night club in Ayr, where she met one of your friends, whom she accompanied back to his home.

After she had willingly had sexual intercourse with him in his bedroom you entered it, removed your lower clothing and had sexual intercourse with her despite the fact that she told you that she had just had sexual intercourse with your friend and did not want to have sexual intercourse with you.

She struggled and asked you to get off her but you ignored her request. It was only when she pushed you off that you stopped. She then left your friend’s flat and was seen in the street in an extremely distressed and dishevelled state on her way home. She also had a bruise on her left forearm as a result of your having held her down.

Since your conviction you have continued to deny your guilt and shown no remorse. The mental effects of what you did to her remain with your victim.

You are now 23 years old. You have no previous convictions in this country but you are a South African national who entered this country illegally in 2009 by fraudulently using a British passport. You will therefore automatically be deported by the Home Office once you have completed your sentence.

Having considered the circumstances of this crime and the terms of the criminal justice social work report, the sentence which I impose on the rape charge is five years imprisonment, to run from  21August 2014.

You also pleaded guilty to failing to appear without reasonable excuse at a hearing in this case at Glasgow High Court on 27 May 2014. The police had to trace and arrest you so that you could be brought before the court. It has to be appreciated that the failure of an accused person who has been granted bail to appear at a High Court hearing is no mere technical offence, but one which disrupts the course of justice and must be punished accordingly. Had you not pleaded guilty to this offence I would have imposed a sentence of 18 months imprisonment. As you pleaded guilty, albeit at a late stage, that sentence will be discounted to 16 months imprisonment and will be consecutive to the sentence on the rape charge.

The total sentence is therefore six years four months imprisonment, to run from 21 August 2014. As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indeterminate period.”