Dobbie sentencing hearing
Posted: Tue Jun 11, 2019 10:55 am
I thought it might help if I set out the procedures at Dobbie’s sentencing hearing tomorrow so that those who attend can follow what happens more easily.
1. The legal representatives are introduced. It will probably be Abigail Husbands for the prosecution and a woman for Dobbie (it looks like Elizabeth Miller as she is the only name on both his digital files);
2. The prosecution would then usually outline the facts of the offences to the judge. The names of the victims may be mentioned in open court but there may be some anonymising. In any case, they are entitled to anonymity for life unless they waive it, so they cannot be named on the forum.
This stage may be cut short as the judge presided over both trials and heard all the evidence. My recollection is that the prosecution opening of the facts for Husband’s sentence was less than full as he had been convicted a few days earlier
3. As part of the prosecution opening, the court will hear Victim Impact statements from all of the victims who wish to describe the effect of Dobbie’s offending upon them. If they wish to do so, the victims can read the statements personally or they can be read by the prosecutor;
4. Any ancillary applications made by the prosecution will be outlined at this stage. I expect a Sexual Harm Prevention Order for life which will prohibit Dobbie from being alone with anyone under the age of 18. There may also be Restraining Orders to prevent him from contacting his victims;
5. The prosecutor will also say where it is said that the offences fall on the Sentencing Guidelines;
6. The defence will then have the opportunity to mitigate on behalf of Dobbie. I cannot for a moment think of anything that can possibly make any difference at all to his sentence (bearing in mind he was convicted after trail twice, having denied the offences), but the defence will no doubt have glowing character references and point to his good work both within the church and as a teacher;
7. At this point the judge may adjourn to consider what the appropriate sentence is;
8. When passing sentence, the judge will impose a sentence for each offence and direct these to be either consecutive or concurrent to each other. What matters is what the total sentence is. The judge will also make the ancillary orders (SHPO and RO);
9. During the sentencing stage, the judge may impose a victim surcharge which is essentially a tax on being sentenced. Due to the dates of the convictions, I don’t think it applies in this case.
I hope that this helps. Any queries, feel free to ask.
1. The legal representatives are introduced. It will probably be Abigail Husbands for the prosecution and a woman for Dobbie (it looks like Elizabeth Miller as she is the only name on both his digital files);
2. The prosecution would then usually outline the facts of the offences to the judge. The names of the victims may be mentioned in open court but there may be some anonymising. In any case, they are entitled to anonymity for life unless they waive it, so they cannot be named on the forum.
This stage may be cut short as the judge presided over both trials and heard all the evidence. My recollection is that the prosecution opening of the facts for Husband’s sentence was less than full as he had been convicted a few days earlier
3. As part of the prosecution opening, the court will hear Victim Impact statements from all of the victims who wish to describe the effect of Dobbie’s offending upon them. If they wish to do so, the victims can read the statements personally or they can be read by the prosecutor;
4. Any ancillary applications made by the prosecution will be outlined at this stage. I expect a Sexual Harm Prevention Order for life which will prohibit Dobbie from being alone with anyone under the age of 18. There may also be Restraining Orders to prevent him from contacting his victims;
5. The prosecutor will also say where it is said that the offences fall on the Sentencing Guidelines;
6. The defence will then have the opportunity to mitigate on behalf of Dobbie. I cannot for a moment think of anything that can possibly make any difference at all to his sentence (bearing in mind he was convicted after trail twice, having denied the offences), but the defence will no doubt have glowing character references and point to his good work both within the church and as a teacher;
7. At this point the judge may adjourn to consider what the appropriate sentence is;
8. When passing sentence, the judge will impose a sentence for each offence and direct these to be either consecutive or concurrent to each other. What matters is what the total sentence is. The judge will also make the ancillary orders (SHPO and RO);
9. During the sentencing stage, the judge may impose a victim surcharge which is essentially a tax on being sentenced. Due to the dates of the convictions, I don’t think it applies in this case.
I hope that this helps. Any queries, feel free to ask.