HMA v Rick Davidson

At the High Court in Glasgow today, 13 December 2018, Lord Arthurson imposed an extended sentence of 15 years on Rick Davidson after the accused was convicted assault and sexual abuse. The custodial part will be 10 years, which will be followed by an extension period of five years on licence.

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

“Rick Jason Peter Davidson, on 19 November 2018, you were convicted by a jury of nine charges involving the violent and/or sexual abuse of six victims over a period of over 20 years. These offences range from charge one, an assault by stubbing out a cigarette repeatedly on the body of one of your victims, up to and including the final charge on the indictment, being the rape to injury of another of your victims while you were on two bail orders.

“I do not propose to rehearse the nature and extent of all of your offending as set out in the indictment. In and of themselves these crimes merit the imposition of a substantial period of imprisonment.

“Your criminal record discloses 21 groups of previous convictions, six of which have been marked as domestically aggravated, spanning the period 1990 to 2016, all at sheriff court summary level. You have served, on my count, three prior short custodial sentences.

“The criminal justice social work report prepared for today’s sentencing hearing makes clear that you present a high risk of sexual violence against female adults. The impact of your conduct upon your victims is assessed as severe, with a high risk of violence and of physical and sexual harm, with severe emotional trauma. The authors have identified high levels of planning and manipulation in your index offending, and note that you have elected to place significant blame upon your victims for your own behaviour.

“An extensive period of post-custodial supervision has been requested by the social workers who assessed your risk.

“I have listened with care to the remarks made in mitigation this morning by your counsel, and take into account all that he has said on your behalf. In particular I note that you have significant health difficulties.

“On the basis of the evidence led at your trial which has led to the convictions you must be sentenced for today, your extensive history of domestic offending, and the assessment of your risk as set out in terms of the report, I am concerned by the level of risk presented by you to the public, in particular in regard to violent and sexual offending against women, and have accordingly concluded that you present a high risk of causing serious harm from which it is necessary to protect the public.

“In my view the normal period of licence would not be sufficient to protect the public from the risk which you present on your release from custody. In these circumstances I am imposing upon you an extended sentence, which is in two parts.

“The first part is custodial, namely a period of imprisonment. That will be followed by an extension period in the community, when you will be under licence and under supervision. The conditions of your licence will be fixed by Scottish Ministers.

“If, during this extension period, you fail to comply with the conditions of your licence, it may be revoked and you may be returned to custody for a further period in respect of this indictment. The court also has power to deal with you if you commit another offence after your release and while you are on licence.

“I now sentence you on this indictment as follows. On charge 1, you will serve a period of imprisonment of 18 months. Concurrent with that period, in respect of charges 8, 11, 13, 17, 18, twenty, 22 and 25, I impose in cumulo, for what was in essence one course of criminal conduct on your part, an extended sentence of 15 years’ duration, with a custodial term of 10 years, and thereafter an extension period of five years.

“These sentences are backdated to 19 November 2018, being the date of your conviction and most recent remand in custody in respect of these offences. In fixing the custodial tariff I have expressly had regard to, and taken account of, the earlier remand period served by you between 5 October 2017 and 9 July 2018.

“Finally, as a result of this disposal, you now become subject to the notification requirements of the Sexual Offences Act 2003, for an indefinite period.”

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