HMA v Luke Ford

On sentencing, Lord Summers said:

"Luke Ford you have been found guilty of a series of crimes against a number of women at the High Court in Glasgow on 12 May 2023. With the exception of one charge, you were convicted on the unanimous verdicts of the jury.

On Monday and Tuesday of this week I heard expert evidence on the question of whether I should pronounce an Order for Lifelong Restriction (OLR). Having heard the experts and submissions from the parties I have decided that I should not pronounce an OLR in this case.

My main reasons are as follows. First, this is the first occasion you have been before the court in connection with sexual offending. An important indicator of risk is prior offending. Since you have no relevant prior convictions this counter indicates the desirability of an OLR. Second, your recent interactions with Mr Pratt, the expert appointed by the defence, reveal a greater willingness to accept the wrongfulness of your conduct. While this is not a decisive factor, I consider that it indicates that you are gaining some insight into the true nature of your conduct rather than blaming the victims. Third, you have voluntarily undertaken a series of educational programmes in prison designed to provide insight into your offending behaviour. While these interventions may not amount to treatment, this is a sign that the resistance to change reported by Mr Kozlowski in the first risk assessment has been overtaken by a more enlightened attitude to your criminal behaviour. Finally, I consider that I should be cautious to pronounce an OLR when, as here, the offending began in your teens and you remain a relatively young man. In that circumstance there is reason to think that you may be amenable to change.

I am persuaded however on the strength of the evidence of Mr Kozlowski and Dr Pratt that there is a likelihood that on release you will seriously endanger the public and specifically women and that the risk you will pose is best managed by an extended sentence.  

I now turn to the custodial term I consider appropriate to this case.

I propose to pass sentence in respect of each of the complainers so as to indicate what I would have sentenced had these offences stood alone. I will then adjust the total sentence in light of the totality principle so as to arrive at just overall sentence.

Charges 1, 2, 3 and 5 relate to the first complainer. I take account of the fact that you were between 18 and 19 at the time these offences were committed. These four convictions include two rapes. Had these charges stood alone I would have pronounced a cumulo sentence of five years imprisonment in respect of these charges.

Charges 9, 11, 12 relate to the second complainer. By this stage you were between 21 and 25. They include two assaults and a rape. Had these charges stood alone I would have pronounced a cumulo sentence of five years for these offenses and that sentence would have run consecutively to the charges involving Lucinda Allan.

Charge 13 involves the third complainer. You were convicted of a statutory breach of the peace for a one month period of imprisonment is appropriate. Had this stood alone it would have run consecutively to the sentence in respect of Diane Dick under charges 9, 11 and 12.

Charges 16, 17, 18 and 22 involve the fourth complainer.  By this stage you were sufficiently mature to be fully responsible for your actions.  Charges 16-18 involve statutory breaches of the peace, an offence under s 1 of the Domestic Abuse (Scotland) Act and an assault. Charge 22 is also an assault but unlike charge 18 it is coupled with an aggravation under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.  I will sentence you to sentence you to eight months imprisonment for these offences and apportion two weeks of that total to the aggravation of charge 22. Again this sentence would have run consecutively to the previous sentences.

Charge 23 is a single charge of rape in respect of the fifth complainer. I will sentence you to a period of four years and nine months imprisonment for this offence and a further three months for the statutory aggravation making a total of five years for this crime. This sentence shall run consecutively to the previous charges.

Charge 28 involves the attempted rape of the sixth complainer. I shall sentence you to three years imprisonment for this crime. It will run consecutive to the previous sentences.

Charges 29 and 30 involve the seventh complainer and involve a breach of s 9 of the Sexual Offences (Scotland) Act and rape under s 1 of the Sexual Offences (Scotland) Act 2009. I will pronounce a cumulative sentence of six years for these offences to take account of the fact that the episode of rape involved choking and injury of the complainer.  Both are aggravated under the Abusive Behaviour and Sexual Harm (Scotland) Act 2009 and I will apportion three months of the cumulative sentence to these aggravations. These sentences will run consecutive to the previous sentences.

Charge 32 involves the eighth complainer and is a charge under s 1 of the Domestic Abuse (Scotland) Act 2018. I consider that a nine month sentence is suitable punishment for this offence. It will run consecutively to the previous sentences.

Charge 33 involves the ninth complainer and is a rape involving choking and the endangerment of her life. I will pronounce a six year sentence in respect of this crime to run consecutive to the previous sentences.

In charge 34 you were convicted under the Civic Government (Scotland) Act 1982 s 51A(1) of possessing extreme pornographic images involving bestiality. For this I sentence you to six months imprisonment consecutive to the previous sentences.

The total of these sentences is 32 years.

As I indicated I now require to review the total sentence and if appropriate make an adjustment so as to arrive at a just overall sentence. Applying the principle of totality I consider a custodial term of sixteen years is appropriate. In light of the information I have been given about the risk you pose to women I consider an extension period of five years is appropriate.  I accordingly pronounce an extended sentence of twenty one years.

The conditions set out in the CJSW report for supervision on release seem to me to be sensible and I recommend that on release on licence these conditions be applied so that he can be monitored in the community and so that his risk to females can be controlled.

I will place you on the sex offenders register for an indefinite period and make the appropriate notification under the Protection of Vulnerable Groups legislation.

I will also make Non Harassment orders on standard terms in respect of each complainer for an indefinite period.

This sentence will take effect from 18 February 2021.