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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
Read more about victims of crime and sentencing.
HMA v Kenneth Quinn
Jan 10, 2024
On sentencing Lady Stacey made the following remarks in court:
"You have been convicted by the jury of all of the charges on the indictment with no deletions made by them. The charges are very serious and show a long course of conduct in which you were violent to the complainer over a period of many years . During that time you carried out a number of assaults. You kicked her, pulled her hair, kicked her down stairs, punched her, hit her with a dog lead and with shoes, cut her face with a bank card, broke her wrist by shutting a door on her, on several of these occasions causing her severe injury and permanent disfigurement. The injuries you caused included bruising all over her body, fractures to her ribs and her jaw, fractures to her finger, lacerations on her head and face, concussion and loss of hearing. You assaulted her when she was pregnant .
Not only did you assault her but you also raped her several times over many years. You forced her to have sexual intercourse with you by violence.
You behaved in such a way as to create fear. You shouted and swore, acted aggressively and damaged household property and other possessions.
All of this has caused great anguish and anxiety and depression in your complainer. It has affected her in many different ways, over many years.
A young child was in the house while your violent behaviour took place. You assaulted him too, on various occasions, by slapping him, seizing him by the hair, pushing him, throwing him down stairs and throwing him to the ground. On one of these occasions he was bitten by the dog, because you pushed him down and then lunged at him to hit him, causing the dog to get upset. Not only did he suffer violence on several occasions himself, he saw his mother covered in blood after you assaulted her.
The victim impact statements show what an all-encompassing effect your behaviour has had on them. You have taken away her confidence and her self-esteem. You ruined his childhood. Both of them have suffered greatly as a result of your behaviour.
This behaviour is disgraceful. What the court heard was a catalogue of violent controlling behaviour going on for many years. The complainer was afraid of you and did not feel safe in her own home. The child said that he had no happy memories of his childhood as he was afraid of what might happen to his mother and to himself. He wanted to leave as soon as he could.
In evidence you admitted some of the assaults and accepted that you became angry and did not control your anger. You appreciate that is no excuse. You do not admit all the assaults that the jury found proved. You do not admit raping the complainer. The jury has found you guilty and of course I must sentence you in accordance with the jury’s findings.
I have listened to all that Mr Gosney has said on your behalf. I have read carefully the social enquiry report.
There is a proven pattern of behaviour so lack of previous convictions does not give mitigation.
The only appropriate sentence is a lengthy period of imprisonment to punish you for what you have done, to mark the seriousness of the harm you have caused, and to mark society’s disapproval of it.
The sentence I impose is one of 15 years imprisonment backdated to 1 December 2023 when I remanded you in custody. That is a cumulo sentence of 15 years on all the charges. In respect of charges 6, 7 and 9, I order that you are subject to the notification requirements under part 2 of the Sexual Offences Act 2003. I direct the clerk of court to intimate the details of your convictions and sentences to the Scottish Ministers in terms of the Protection of Vulnerable Groups (Scotland) act 2007.
I make non harassment orders prohibiting you from approaching or contacting either of them in any way, for an indeterminate period, that is indefinitely. I must tell you that breaching such an order is an offence."
10 January 2024