HMA v RYAN MABON

On 12 January 2011 at the High Court in Edinburgh Lord Pentland imposed a three year probation order on Ryan Mabon after he pled guilty to several offences of indecency and inappropriate sexual behaviour.

On sentencing Lord Pentland made the following statement in court:

"Ryan Mabon, I have given careful consideration to your case. You have pleaded guilty to a number of offences of indecency and inappropriate sexual behaviour against two girls, each of whom was younger than you at the time. The Social Enquiry Report describes each of the victims as being in a position of vulnerability in relation to you, a view which I consider to be justified. I note, in particular, that you had unlawful sexual intercourse with one of the victims on two occasions – at the time she was under the age of consent. You were older and more mature and you took advantage of the victims for your own sexual gratification. These were serious offences and you should be in no doubt about that.

I take account of all that has been said on your behalf this morning and, in particular, of the terms of the detailed and comprehensive report now available from the Community Intervention Service of Edinburgh City Council Social Work Department.  This, in my view, provides a realistic assessment of the level of your culpability and of the options for disposal of the present case. It recommends that, having regard, in particular, to the fact that you have been in custody since 17 May last year (the equivalent of 16 months detention), you should now be made subject to a Probation Order. The focus of this would be to address your offending behaviour and your attitude to sexual relationships. The objective is to reduce any future risk you may present and to help you develop a more mature and responsible outlook. You should certainly not think that probation in your case will be an easy option. It will require substantial commitment from you.

I must take account in disposing of your case of your young age and of the fact that the allegations you originally faced in the indictment were substantially reduced in the guilty pleas eventually accepted by the Crown. I note that you are in the fortunate position of having the continuing support of your parents and of your grandmother. You also have a job which remains open to you. You have no previous criminal record.

In the whole circumstances, I propose to make a probation order for 3 years. You must now listen carefully to what I am about to say.

I am prepared to place you on probation provided you tell me that you are willing to agree to certain conditions.

You will be placed on probation under the supervision of a supervising officer for  three years, and will undertake during that period (firstly) to behave yourself and (secondly) to conform to the directions of the supervising officer as to your conduct.

You will also be subject to the following special conditions: (1) any contact which you may have with children under the age of 16 is to be previously agreed with your supervising officer; (2) you must participate in offence-focussed work as agreed with your supervising officer and (3) you must make any computer or other electronic media which you may use, available for scrutiny by your supervising officer or someone nominated on his or her behalf.

I wish to make it plain to you that if during the period of probation you fail to comply with the probation order, or commit another offence, you will be liable to be brought back here for sentence for the offence with which I am dealing today".

You will in addition continue to be on the Sex Offenders Register".