SENTENCING STATEMENTS

On sentencing, Lady Poole said:

"Sean Kirkup, you were convicted by the jury at Edinburgh High Court on 5 February 2025 of 2 offences of domestic abuse and 2 offences of sexual assault.   

Your first victim was on a first date with you, when you pushed her up against a sink and sexually assaulted her.  After deciding to give you another chance, she entered a short relationship with you.  During that time you verbally abused her about her clothing and appearance, and physically abused her by bending back her fingers.

Your second victim was involved with you for longer, and on various occasions during an 11 month period you also abused her and injured her.  Your physical aggression towards her included shouting, swearing, demanding money, seizing her, punching her, and taking her by the throat and compressing it.  You also sexually assaulted her on a number of occasions. You did things to her that had the potential to cause serious harm, such as putting hands on her throat and restricting her breathing.  You inflicted pain on her by seizing, pushing, punching and slapping her, pulling her hair, and striking her on the body with a whip and paddle.  She was badly bruised by what you did.  Her evidence was that she was crying and begging you to stop, but you continued, telling her just to take it.

This type of behaviour is likely to cause significant levels of psychological harm to victims, as well as physical injury.  Our society will not tolerate abuse of women in this way.  

You are a 36 year old man.  You have a number of previous convictions, all dealt with at sheriff court level with non-custodial disposals.  They reveal a pattern of threatening and abusive behaviour, as well as impeding the police and bail offences.  It is of concern that two previous convictions in 2021 have domestic aggravations. 

I have carefully considered the criminal justice social work report I ordered.  You maintain your position at trial, and deny you committed the criminal offences of which the jury convicted you. You appear to lack both insight into your offending, and empathy towards your victims. The assessor completed various risk assessments.  You were found to be a high risk of sexual offending on one assessment tool, and on another a medium risk.  You were also assessed as presenting a highly imminent risk of domestic abuse with the potential to cause a high level of harm.  The assessor considered that given your continuing attitude to your offending, the risk you pose is unlikely to be manageable in the community.  

I have taken into account everything said on your behalf in mitigation.  You had a troubled childhood because of family circumstances beyond your control.  It is an achievement that, despite those difficulties, you managed to make something of yourself.  As a younger man, you had four years of service as a marine engineer in the Royal Navy. You have also travelled widely, and have a good history of work as a maintenance engineer.  You have a son, with whom you have maintained contact.  You are already a passman in prison, a position of some trust, after a relatively short period on remand.  

You have never before been sentenced to imprisonment, but given the nature and circumstances of these offences and your previous convictions, no disposal other than custody is appropriate.  I have decided to impose an extended sentence on you because I do not consider the ordinary conditions of licence on release would be sufficient to protect the public, namely other women with whom you may form relationships, from you.  The total length of the extended sentence I impose is 6 years, with a custodial part of 4 years, on a cumulo basis for charges 1 and 5.  6 months of the custodial part reflects the partner aggravation on charge 5.  The extension period of 2 years will be served in the community, when you will be on licence on conditions fixed by the Scottish Ministers and under supervision. If you fail to comply with the conditions, the licence may be revoked and you may be returned to custody; and you may also be sentenced for an offence committed while on licence.

I also impose a sentence of 6 months imprisonment on charge 2, and a sentence of 2 years imprisonment on charge 4.  Having regard to the totality principle, and the effect of the extension period I have imposed, these sentences are to be served concurrently with each other and the sentence I have imposed on charges 1 and 5.   Had I been sentencing on each of charges 1 and 5 alone, I would have imposed 9 months imprisonment on charge 1, and 4 years imprisonment on charge 5.  

Your sentence will be backdated to 5 February 2025 when you were first remanded in custody. 

As a result of that sentence you now become subject to the notification requirements of the Sexual Offences Act 2003 for an indefinite period.

I have decided not to impose a non-harassment order in relation to your second victim, having taken into account her views.  However, I impose a non-harassment order in respect of your first victim, whose details will be specified in the court order. You must not approach or contact, or attempt to approach or contact her, by any means, including digital, either yourself or through others, for a period of 10 years."