HMA v Daniel Severin aka Hutcheon

At the High Court in Glasgow on 1 July 2016, Lord Beckett imposed an extended sentence of 12 years on Daniel Severin after the accused was found guilty of raping three women. The custodial term is nine years, followed by an extension period of three years on licence.

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

"Daniel Severin, I take into account that you have no previous convictions for sexual offences, that you have not appeared on indictment or been sent to prison before.

It was part of the overall picture of your crimes that the complainers were in consensual sexual relationships with you which, in most cases, continued after instances of rape.

I have taken account of the contents of the report and everything said on your behalf this morning. I also take into account that you were subject to bail conditions including a curfew from December 2014 and recognise the impact which that had on you and, for that reason the sentence is a little shorter than it would otherwise have been.

All of the charges of which you were convicted are serious. You were found guilty of raping three different women and all of them had at least some degree of vulnerability at the time that you raped them.

The complainer in charge 3 was 15 when you first raped her. You repeatedly raped her over a number of years which is reflected in the verdicts on charges 4 and 5.

You would use your superior strength to overcome resistance. You raped the complainer three weeks after she gave birth to your child, with the baby lying in the room. You knew from medical professionals that intercourse should not occur at that time.

On charge 7, the complainer, whilst not particularly vulnerable, was somewhat lonely and made the mistake of trusting you to offer her companionship in circumstances where she made it crystal clear to you that she was not willing to have sex for her own good reasons. You ignored her and overpowered and raped her.

The complainer on charges 10 and 11 was going through a difficult time in her life which was prompting her to drink to excess. You exploited her, having sexual intercourse with her when she was asleep and you continued when she awoke in the occasion featuring in charge 11.

On charge 10 you were convicted of repeatedly raping her in the face of clear protestations which you ignored. Those two charges were aggravated by the fact that you were subject to bail conditions.

According to your evidence in the trial, you have been sexually involved with a very large number of women and the jury accepted in relation to three women that you were completely indifferent to whether or not the consented to sexual activity with you as specified in the charges of which you were convicted.

Such is the gravity of these crimes that there is no alternative to a lengthy prison sentence in order to punish you, to mark the gravity of your crimes, to seek to deter you and others from using sexual violence against women, and to protect the public from you.

Having considered the pattern of offending and the gravity of these crimes and the terms of the report, the question of how best to protect the public arises sharply.I am concerned to ensure that the public is adequately protected against serious harm from you when you are released from prison.

In my judgement the normal period of licence would not be adequate to protect the public from serious harm from you. Accordingly I am going to pass on you extended sentence.

I am imposing one sentence to cover all of the charges, an extended sentence of 12 years with a custodial term of nine years and an extension period of three years for the duration of which you will be under licence on conditions fixed by the Scottish Ministers.

Whilst I have taken account of the bail aggravations on charges 10 and 11, I have not made the sentence any longer on that account.

If during this extension period you fail to comply with the conditions of your licence it may be revoked by the Scottish Ministers and you may be returned to custody for a further period in respect of this case.

Sentence is backdated to 6 June 2016 when you were remanded in custody. You will be subject to notification requirements indefinitely."