“(1) In section 41— (a) “relevant issue in the case” means any issue falling to be proved by the prosecution or defence in the trial of the accused; . . . . . . . . . . (c) “sexual behaviour” means any sexual behaviour or other sexual experience . . . . .;” (a) “relevant issue in the case” means any issue falling to be proved by the prosecution or defence in the trial of the accused; . . . . . . . . . . (c) “sexual behaviour” means any sexual behaviour or other sexual experience . . . . .;”
“I have been asked to comment upon the possibility that the cellular material present on the torch, item DW6, and attributable to [the complainant] could have been deposited as a result of secondary transfer, either from the fingers of someone who had digitally penetrated her vagina and then handled the torch, or from the outside of a condom worn by someone who had had vaginal intercourse with [the complainant], then handled the outside of the condom and then handled the torch. In my opinion, both of these scenarios could explain the presence of the cellular material on the torch, as I would expect a significant amount of cellular material to transfer to any object penetrating the vagina and if this object were to come into contact with another object then cellular material could be transferred to it (i.e. through secondary transfer).”
“I have also been asked to comment upon the possibility that the cellular material present on the torch and attributable to [the complainant] could have been deposited as a result of secondary or tertiary transfer, rather than primary transfer from the torch being placed in contact with the vagina. Two scenarios have been suggested to me, either transfer from the fingers of someone who had digitally penetrated [the complainant’s] vagina and then handled the torch (secondary transfer), or transfer from the outside of a condom worn by someone who had had vaginal intercourse with [the complainant], then handled the outside of the condom and then handled the torch (technically this would be tertiary transfer). In my opinion, both of these scenarios could plausibly be advanced as possible explanations for the presence of the cellular material with a DNA profile matching [the complainant’s] on the torch. Regarding digital penetration, I would expect a significant amount of vaginal material to transfer to the fingers when penetrating [the complainant’s] vagina and if the same fingers were to subsequently come into contact with the torch whilst still wet with vaginal secretions, then cellular material could be transferred to it through secondary transfer. Similarly, if a condom was worn and the person wearing it had penetrative oral, anal or vaginal intercourse with [the complainant], then I would expect the transfer of cellular material to the outside surface of the condom. If a person removed or handled the surface of the condom whilst it was moist or wet then material could transfer to that person’s hands/fingers. If the torch was handled shortly thereafter, then some of that wet material could be transferred to it. As this mechanism involves two intermediate vectors (i.e. first the condom then the fingers/hand) then the propensity would be to transfer smaller quantities of material than a mechanism requiring only one vector (the fingers/hand). For this reason, whilst plausible, I regard a tertiary mechanism as (a priori) less likely.”
“Despite the context of the trial Mr Hamadi did not modify his behaviour and continued his “cruising” activity; behaviour showing that he either has a preoccupation with sex or that he enjoyed the associated risks inherent in such behaviour.”
“One of his main leisure activities involves driving two or three times a week late at night for the purposes of locating young often vulnerable women with a view to having a casual sexual liaison. Mr Hamadi manifests, I feel, highly predatory behaviour in this regard and is prepared to take risks with the women he meets in order to satisfy his own desires. Mr Hamadi demonstrates an intolerance of boredom and it is, I believe, only through his encounters with female strangers that he can achieve the excitement or stimulation he craves. It may appear that this behaviour has now become habit forming and that Mr Hamadi presents an ongoing risk of harm to women in this regard were he not to change his behaviour.”
“It is my opinion that the risk of further offending is high . . . he was capable of using force to subjugate his victim and to use objects such as cable ties to restrain her . . . . . he appeared either unwilling or unable to properly interpret that his actions in regard to seeking out casual sexual relations might be considered “risky”
“Either he ignored the obvious problems and risks in this, or continued because he enjoyed those risks or because he fails to effectively manage his sexual urge to do so.”
“Denial of a sexual offence is not considered to be an indicator of increased risk in its own right. However, it is a stance which makes it very difficult to gather evidence about attitudes beliefs and behaviours that have a direct bearing on risk. Therefore . . he will not be able to work on the issues that have contributed to the commission of this offence and cannot, therefore, be helped to reduce the risk of another such offence being committed . . . . therefore dynamic risk factors suggest the risk of offending remains high.”
“He told me that he has had casual sex with women. He admitted that he had gone for a drive at night which is a favourite pastime but also in part to meet women with whom he could engage in sexual activity. His wife has no knowledge of this activity . . . . . . . . . . He appears to have a high sex drive.”
“He is deeply ashamed about his behaviour and accepts that he acted immorally. He is very remorseful of his action and seemed determined that he would not act in such a way in the future. He is willing to accept any help to put himself out of such situation. I appreciate the concern the court may have of the possibility of re-offending and protection of the public, however, I believe that he has learned his lesson and the chance of re-offending is low.”
“You yourself admit that for some years you were in the habit of driving round these streets late at night looking for casual sex. This seems to me to be a pattern of behaviour . . . You are apparently now sorry, but only for your behaviour which you perceive as immoral because you have a wife and family. You continue to deny the offence . . . . I have taken into account all of the matters I am required to by reason of section 229(2) of the Act and of course I have watched you give evidence and observed you throughout the trial. I am quite satisfied that to your friends and family you appear to lead a thoroughly respectable life, but in my judgment there is a darker side to your character which led to the commission of this offence. You are a sexual predator. I am satisfied that your targeting of [the complainant] that night was solely for the purposes of your own gratification. Whether she consented or not, you were determined to have sexual intercourse with her. When it was clear to you that she would resist you tied her up in order that you have your way. I agree with the author of the pre-sentence report. You manifest highly predatory behaviour and you are prepared to take risks in order to satisfy your own desires.”
“At least in my judgment [that] should have made you think carefully about the risks you were taking in pursuing your nocturnal activities with young women even if it were right that she flagged you down on that occasion. Instead that behaviour continued and culminated sadly in this violent offence of rape. I do not agree with the opinion of Dr. Shrestha. He says that you are deeply ashamed about your behaviour and accept that you acted immorally, that you are remorseful of your action and you are determined not to behave that way in the future, and you are willing to accept any help to put yourself out of such situations. In his appreciation of the concerns the court may have, he believes that you have learnt your lesson and your chance of re-offending is low. You are remorseful about the fact that you are unfaithful to your wife and you acted immorally and against your family values and you took advantage of a woman who at the time was vulnerable and in a distressed state. That is still far away from an admission of your true culpability in this case and the features that he describes as preventing you from re-offending did not prevent you from offending on this occasion. I have formed the clear view that at present you do pose a significant harm to young girls. I cannot say when that risk will be diminished sufficiently to allow you to be released into the community and accordingly I pass a sentence of imprisonment for public protection.”