SENTENCING STATEMENTS

On sentencing, Lord Armstrong said:

"Kyle Beveridge, you have been convicted of 7 charges, the evidence in relation to which disclosed a course of conduct, systematically pursued by you against three women, all of whom, in turn, were, at the relevant times, in a relationship with you. In total, your criminal conduct extended over a period of more than 7 years from June 2013 until April 2021. The charges concern threatening and abusive behaviour, domestic abuse, and 4 incidents of rape. Three of the 7 charges of which you now stand convicted, charges 6, 7 and 10 are aggravated by involving the abuse of your partner or former partner in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2009.

In relation to the first of these women, you repeatedly directed threatening and abusive behaviour towards her, and, on one occasion, you raped her when she was asleep and after she had awoken.

In relation to the second woman, you raped her on one occasion and you repeatedly directed threatening and abusive behaviour and domestic abuse towards her, including repeatedly attempting to coerce her to engage in sexual activity with a third party.

In relation to the third woman, you repeatedly directed coercive and controlling behaviour towards her, by way of domestic abuse, including  repeatedly attempting to coerce her to engage in sexual activity with a third party, and, on two occasions, you raped her.

The crime of rape in respect of which you stand convicted in relation to each of these three women, is a grave crime against which all women and girls should be protected.   It is the responsibility of the court to recognise that society will not tolerate such conduct, and the court will not flinch, therefore, from making it plain  that those who might be disposed to commit such crimes against women and girls in the way that you did, are likely to receive significant custodial penalties once brought to justice.

I have read victim impact statements prepared by two of the women concerned, the terms of which clearly and emphatically confirm, unsurprisingly, the devastating and on-going, long-term negative consequences of your actions, on their daily lives.  The lasting effect of your conduct on them may be incalculable.  They have suffered significant and lasting detrimental effects on their health and the quality of their lives, physically, emotionally and psychologically.

I note that you are now 28 years of age. You have no previous criminal history and appear before me as a first offender. You have not previously served a period of imprisonment.

I have noted the terms of the criminal justice social work report now available, and I have taken full account of the mitigation expressed on your behalf this morning by Mr Martin.  I have noted your whole personal circumstances, your family background, and the nature of your upbringing which included certain adverse childhood experiences.

I note your history of employment and your past service in the army.

I have noted, and taken into account, the terms of the character references by your partner, members of your close family and other relatives, a former work colleague, and friends.

I also note, however, that, in the main, you continue to deny responsibility for your criminal actions.

These crimes of which you have been convicted are disturbing and grave.  I have already made an order that you be subject to the notification requirements of the Sexual Offences Act 2003.  In light of the sentence I am about to impose, that requirement will be continued for an indefinite period of time. 

I am satisfied, given the whole facts and circumstances of your case, having particular regard to the repeated nature and gravity of the criminality concerned, and the period over which it was perpetrated, that there is no appropriate alternative to a custodial sentence.  In that regard, I take account of the fact that a number of these offences are relatively historical. I also take into account your relative youth at the relevant times.

I note that in terms of the criminal justice social work report you have been assessed as presenting a very high risk of returning to such abusive behaviours in the context of any intimate relationship.

Taking into account the whole circumstances of your case, including everything I have just referred to, and what has been said on your behalf, but in particular having regard to the facts that your crimes were directed towards 3 women, at different times, the number and nature of the crimes of which you now stand convicted, the total period over which these crimes were committed, and the level of risk which I consider you continue to present to the public, in particular, by reason of your manipulative and controlling behaviour, the risk which you pose to women who enter into a relationship with you, I am satisfied that an extended sentence is necessary in your case in order to provide adequate protection to the public from serious harm. An extended sentence consists of a custodial part and an extension part. 

In so far as the custodial part of the extended sentence is concerned, having due regard to all of these matters, and to your status as a first offender, had I been sentencing you, on each charge separately, I would have imposed on you, in relation to charge 1, a period of imprisonment of 3 years; in relation to charge 5, a period of imprisonment of 4 years 6 months; in relation to charge 6, a period of imprisonment of 5 years, of which I would have apportioned 6 months in respect of the aggravation in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2010;  in relation to charge 7 and charge 8, taken together, a period of imprisonment in cumulo of 3 years, of which, in respect of charge 7, I would have apportioned 6 months in respect of the aggravation in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2010; in respect of charge 9, a period of imprisonment of 2 years, and in respect of charge 10, a period of imprisonment of 8 years of which I would have apportioned 6 months in respect of the aggravation in terms of section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2010.

Since these crimes were directed against 3 different women, it would be arguable that the sentences referable to each group of offences referable to each individual woman, should be imposed consecutively to the sentences imposed in respect of the groups of offences concerning each of the other women. I consider that to do so, however, would result in an overall sentence which would be disproportionately excessive. I will, therefore, impose on you a single period of imprisonment, in cumulo, which adequately reflects the totality of the criminality involved.

On that basis, the sentence which I now impose on you, in respect of the custodial part of the extended sentence which I am ordering that you serve, and in respect of all of the charges, is one, in cumulo, of a period of imprisonment of 12 years.

The extension period will be one of 4 years, during which time you will be subject to close monitoring and supervision.  The conditions of your licence will be fixed by the Scottish Ministers. If, during this extension period, you fail to comply with any of the conditions of your release licence, it may be revoked, and you may be returned to prison for a further period in respect of this case. The court also has power to deal with you if you commit another offence after your release from the custodial term of this extended sentence

The total extended sentence which I now impose on you is therefore one of 16 years. That sentence will run from 8 August 2024.

In addition, I am now making non-harassment orders in respect of each of the three women concerned. These orders will subsist for an indefinite period of time. You must not approach or contact any of them, in person, by electronic or other means, and neither directly nor indirectly through another person."