HMA v Mohammed Khan & others

At the High Court in Edinburgh today, 17 May 2018, Lord Uist sentenced four men to extended sentences for their involvement in targeting and attacking gay men.

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

“The jury at your trial at the High Court in Livingston returned convictions on charges 1, 3 and 5. The victim in each of those charges was a homosexual man who was targeted for that reason, and no doubt in the hope that he would not report any crime against him to the police. The victim in charge 1 was taken to a secluded spot in the car park of an industrial estate late at night, where he was physically attacked with intent to rob. A large part of the incident was captured on CCTV. As a result of the attack he suffered a serious injury causing lasting damage to his left arm. The victims in charges 3 and 5 were contacted through a homosexual website for intended sexual encounters and each was raped in his own residence, the rape in charge 3 being anal and the rape in charge 5 being oral. These were very nasty, planned crimes for which none of you has shown any remorse. It is clear to me that each of you had embarked to some extent on a life of criminality. I have considered the criminal justice social work reports, the psychological report, the victim impact statements, and all that has been said in mitigation before fixing the sentence for each of you. I now turn to deal with each of you in turn. 

The first accused is now 17 years old. You were only 16 years old when you committed these serious crimes while subject to a bail order. You have no previous convictions, but you have been assessed as being at a medium risk of reconviction for a non-sexual crime and high risk of reconviction for a sexual crime. I must take your youth and lack of a criminal record into account, but at the same time, I must have regard to the very serious crimes which you committed and the effect of them upon your victims. The sentence in your case will be much less than it would have been, had you been older and more mature. I am satisfied that in your case the requirements for the imposition of an extended sentence are met. On charges 1, 3 and 5 taken together, the custodial term of your sentence which I impose is 8 years detention from 24 October 2017. Of that period six months relates to the aggravation by sexual prejudice on charge 1 and a further six months relates to the bail aggravation on charges 3 and 5. The extension period of your sentence, that is, the further period for which you will be subject to a licence, is 2 years. As a result of that sentence you become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.  

You AFZAAL HASSAN were convicted of charge 1 while on bail. You are now 20 years old. You have two previous convictions from 2016 and 2017 for road traffic offences, a conviction for possession of a knife and have twice breached a community payback order. You have been assessed as being at high risk of re-offending and of serious harm in the future. I am satisfied that in your case also the requirements for the imposition of an extended sentence are met. The custodial term of your sentence which I impose on charge 1 is 6 years detention from 20 April 2018, of which 6 months relates to the aggravation by sexual prejudice and a further 6 months relates to the bail aggravation. The extension period of your sentence, that is, the further period for which you will be subject to a licence, will be 2 years. 

You JULIUS HORVATH are now 20 years old. You were convicted of having committed charge 1 while on bail. You have three previous convictions from 2016 and 2017. You have been assessed as being at medium risk of reoffending and of posing a risk of serious harm to others. I am told that these previous convictions, along with your present conviction, mark the beginning of a pattern of violent offending by you.  I am satisfied that in your case also the requirements for the imposition of an extended sentence are met. The custodial term of your sentence which I impose is 6 years detention from 20 April 2018, of which 6 months relates to the aggravation by sexual prejudice and a further 6 months relates to the bail aggravation. The extension period, that is, the further period for which you will be subject to a licence, will be 2 years. 

You MOHAMMED OMAR KHAN are now almost 29 years old. You were convicted of charges 3 and 5, the two rape charges. You described these crimes to the social worker who reported on you to this court as “just a bit of fun”. You were mature enough at the time to know exactly what you were doing. You have five previous convictions for summary offences, but have never previously been sentenced to custody. I am satisfied that in your case also the requirements for the imposition of an extended sentence are met. You have been assessed as being at medium risk of further violent offences and high risk of further sexual offences. The custodial term of your sentence which I impose on charges 3 and 5, is 7 years imprisonment from 28 November 2017. The extension period, that is, the further period for which you will be subject to a licence, will be two years. As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.”