HMA v Stephen Kinnaird

At the High Court in Livingston today, 8 November 2018, Lady Rae imposed an extended sentence of 13 years on Stephen Kinnaird after the accused pled guilty to the rape of a child. The custodial part will be eight years, which will be followed by an extension period of five years on licence.

On sentencing, Lady Rae made the following statement in court:

“Stephen Kinnaird, you have pleaded guilty to committing a series of sexual crimes of the worst kind against a child who was, at the time, aged between eight and 14 years. You used violence and threats toward the child.

“She was entitled to care and protection from you but instead, you used and abused your position to meet your own selfish, deviant and perverted needs. This was a gross breach of trust.

“I have read the background reports and shall take into account all of what is contained therein and what has been said by your counsel.  I note that you have a consistent work history and little in the way of previous convictions.

“However, the lack of any significant previous convictions has to be viewed in the context of serious sexual criminal behaviour over a period of six years and which only stopped when your victim disclosed what was happening.

“To your credit you have pleaded guilty and avoided the child giving evidence. As a result, I am required to afford you a discount of the sentence which I would otherwise have imposed. In this case, in view of the stage at which you pleaded I require to discount the custodial part of the sentence by one third.

“The background reports recommend that I impose an extended sentence. I have therefore considered carefully whether you meet the test set out in section 210A of the Criminal Procedure (s) Act 1995.

“It is clear from the terms of those reports that, although you have expressed some remorse, you do not seem to acknowledge fully the impact of your crimes on the victim in this case or your family. You seem to believe that you should be entitled to future contact with your children. 

“You are still a relatively young man and having regard to that, the nature of the present charges, the period over which they were committed and the serious risk you obviously present to any child who may be living with you in a familial situation, I am of the view that an extended period of supervision is appropriate in this case.  I note that your own counsel agrees that an extended sentence would be appropriate.

“I shall order that the sentence which I am about to impose be backdated to 2 July 2018 when you were first remanded in custody.

“The custodial part of the sentence I would have imposed would have been 12 years but for the plea. I shall reduce that by one third to eight years imprisonment. I shall extend that sentence by a further five years.

“You will receive a further notice under sexual offences legislation advising of the registration requirements on your eventual release.”