SENTENCING STATEMENTS

On sentencing, Lord Harrower said:

"Michael Cummins and Samantha Crawford, you have each been found guilty of numerous charges involving the assault and sexual abuse of four young children.  All the offences occurred on various occasions between 2014 and June 2018. By that stage, the children were just 9, 7, 5 and 3 years old. 

Michael Cummins, you have been convicted of 9 charges.  Four of these, charges 2, 7, 11 and 16, were charges of assaulting each of the four children with your hands and a belt, and in the case of the two eldest children, to their injury.  The remaining 5 charges, charges 4, 9, 12, 13 and 19 were all charges of digital penetration of all four children, and the rape of two of them.  Charge 12 involved not only the rape and sexual abuse of a female child, but causing her to be sexually abused by two of the other children. 

Samantha Crawford, you have been convicted of six charges.  Two of these, charges 3 and 8, were charges of assault on the two older children, by striking them on the body and in the case of the second oldest, also on the head, with your hand.  The remaining charges, charges 5, 12, 14 and 18, were charges of sexually abusing all of the children.  Three of these, charges 4, 14 and 18, involved penetration with your fingers or with objects.  Charge 12 involved the rape of a female child, you having been convicted art and part with your then husband, by sitting on her head, while she was being raped by him.

 “Zip it, lock it, put it in your pocket!”  That was the instruction you gave to each of the children, backed up by violence, or the threat of violence.  Thus you managed to conceal, for several years, the depravity of your offending behaviour.  It is difficult to imagine a more shocking abuse of trust than that committed by you.   

So far as the level of harm caused is concerned, it is difficult even to begin to comprehend the impact of your offending on such young children.  The social workers who have provided reports to the court in respect of each of you have made the wholly justified assumption that that it will be “devastating and long-term”.  As one of them put it, “The trauma, hurt and confusion the children will have experienced will have long-lasting effects which will impact all areas of their lives and their ability to form and maintain healthy and safe relationships”.   I have now had the benefit of reading the personal statements sent by or on behalf of each of the children.  These statements bear witness to the devastating impact your offending has had on their young lives.  They experience continued night terrors.  Their education has been affected.  They struggle to form relationships.  They are angry.  It is particularly sad to learn of the extent to which your behaviour has affected their relationships with one another.  Based on all the information before me, I am satisfied that both the nature and the impact of the harm caused by your offending must be categorised as extreme. 

Neither of you has offered any remotely plausible explanation for why each of the children might have made up such serious allegations.  You, Mr Cummins, suggested at trial that the children might have mistakenly acquired the notion that you hit them with a belt from having watched similar behaviour during wrestling matches on tv.  The social worker has rightly described this, as well as other explanations you have offered, as “ludicrous”.  You, Ms Crawford, are reported by the social worker as being of the opinion that the children were being prompted by others to make their various disclosures.  Having reviewed my trial notes, I have been unable to find any plausible evidence to support such a serious allegation.

Mr Cummins, Ms Crawford, you are now 35 and 33 years old, respectively.  I have taken account of everything said on your behalf.  While you, Mr Cummins, have a record of previous convictions, none of them is for analogous offending.  You, Ms Crawford, have no previous convictions.  Neither of you accept any responsibility for these offences.  Neither of you has shown any remorse.  The social work reports have recommended that any sentence of imprisonment imposed in respect of each of you be an extended sentence, in order to protect children, from the very significant risk of serious harm from you. 

Michael Cummins, had I been imposing separate sentences in respect of charges 2, 4, 7, 9, 11, 12, 13, 16 and 19, I would have imposed sentences of imprisonment, respectively, of 3, 8, 3, 5, 2, 9, 8, 2 and 5 years.  However, in order fairly and proportionately to reflect the gravity of your offending against all four children, I have decided to impose a single in cumulo sentence in respect of all the charges against you.  In addition, when considering the charges cumulatively, I am satisfied that the sentence imposed, in order to protect the public from serious harm from you when you are released, should be an extended sentence.  The total period of that sentence will be 18 years, but it will be in two parts.  The first part, the custodial part, will be one of imprisonment for a period of 14 years. The second part, known as the extension period, will be one of 4 years.  During that period, you will be subject to licence conditions to be set by or on behalf of the Scottish Ministers.  If you break the terms of your licence you will be liable to be recalled to custody to serve the remainder of your sentence.   The sentence will be backdated to 21 October 2024.  In addition, you will be subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period. 

Samantha Crawford, had I been imposing separate sentences in respect of charges 3, 5, 8, 12, 14 and 18, I would have imposed sentences of imprisonment, respectively, of 2, 5, 2, 5, 6 and 5 years.  However, in order fairly and proportionately to reflect the gravity of your offending against all four children, I have decided to impose a single in cumulo sentence in respect of all the charges against you.  In addition, when considering the charges cumulatively, I am satisfied that the sentence imposed, in order to protect the public from serious harm from you when you are released, should be an extended sentence.  The total period of that sentence will be 13 years, but it will be in two parts.  The first part, the custodial part, will be one of imprisonment for a period of 10 years. The second part, known as the extension period, will be one of 3 years.  During that period, you will be subject to licence conditions to be set by or on behalf of the Scottish Ministers.  If you break the terms of your licence you will be liable to be recalled to custody to serve the remainder of your sentence.   The sentence will be backdated to 21 October 2024.  In addition, you will be subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period."