SENTENCING STATEMENTS

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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.

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Read more about victims of crime and sentencing.

HMA v Charles Clydesdale

Jan 9, 2025

At the High Court in Livingston today, Judge Craig imposed a 2 year custodial sentence on Charles Clydesdale. The offender had been found guilty of lewd and indecent practices towards a 10 year old when he was 13. Clydesdale has been added to the sex offenders register and is also added to the list of people unsuitable to work with vulnerable groups.

On sentencing, Judge Craig told Clydesdale:

“You were found guilty by a jury after trial of a charge of lewd, indecent and libidinous practices and behaviour towards a young victim – who was a complete stranger to you – and who was ten years old at the time. You were 13.

The victim’s evidence – which the jury must have accepted – was that you ingratiated yourself with the child, in effect invited yourself into their home and then sexually abused them in a number of ways by pretending what you were playing was a game. The victim’s evidence was that they did not understand what was happening to them but it was clear from that evidence this was not some kind of accidental contact but that instead you induced the victim to allow you to abuse them by constructing a game. You then made sexual remarks to your victim suggesting that you meet them the following week and that further sexual activity would occur.

That evidence was suggestive of an attempt on your part to groom the victim.

The corroboration for this incident was found in evidence relating to your sexual behaviour towards another person but for reasons I don’t need to go into here were not brought as formal charges. However, given the conviction the jury must have accepted that evidence which suggested that at the time of the offending you were involved in a pattern of concerning sexual abuse of others.

It was also clear that this incident had a profound and lifelong impact on your victim who gave clear and unwavering evidence about the way you abused them. I recognise that it is your position that you deny this abuse but again the victim’s evidence was clear that you were the perpetrator and they were able to identify you on more than one occasion as the abuser.

The CJSW report prepared for this morning’s sentencing records that you show little remorse for your actions, albeit that is in the context of your denial that the abuse took place. It does however record you as being at low risk of further sexual offending, or indeed other offending.

I have had regard to the appropriate sentencing guidelines. You were young at the time of the offending and a significant amount of time has passed without your being convicted of any analogous offences. The CJSW report records your difficult childhood and again it was clear from the evidence in the trial that there were a number of significant traumatic fatalities in your family including the murder of your half-sister and loss to drowning of another sister. These are not relied on you to excuse or reduce the seriousness of your offending but are matters which I have taken into account in arriving at my sentence.

While I have to reflect your age at the time of the offence and the time that has passed since, given the gravity of the crime – which today would be regarded as rape - I am satisfied that a custodial sentence is the only appropriate disposal to act as a punishment for that behaviour.

Weighing all this together I impose a custodial sentence of 2 years which will be backdated to the date of your remand on 22 November 2024. Be clear that in no way distracts or dilutes the seriousness of your offence and is no reflection at all on the impact on your victim.

You will remain subject to the notification requirements applicable to sex offenders for a period of 10 years, and your name will be added to the lists of persons deemed unsuitable to work with vulnerable groups.”

9 January 2025