SENTENCING STATEMENTS
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HMA v Brandon Waterson
Jul 23, 2025
On sentencing Lord Harrower made the following remarks in court:
"Brandon Waterson, on 30 May 2025, you were found guilty at the High Court in Edinburgh, of a single charge of engaging, over a two year period, in a course of behaviour that was abusive of your (then) partner. The offence was aggravated by reason that it involved a child. There were in fact two children involved, one of whom was biologically yours.
I do not propose to rehearse the full catalogue of your offending. It is sufficient in these sentencing remarks to note that the course of abusive behaviour consisted of shouting, swearing, the uttering of offensive and derogatory remarks, the throwing of household items, alongside significant physical abuse, including one instance to severe injury and another to injury and danger of life. Quite often the children would witness the abuse. One incident of physical violence was interrupted by the older child running into the hall where it was taking place and shouting for her mother. The course of behaviour also involved you repeatedly having sexual intercourse with your former partner without her consent, in other words, engaging in abusive behaviour amounting to rape.
You are 24 years’ old and the guideline for sentencing young people applies. I have also taken account, when assessing culpability, of your relative youth and immaturity during the period in which the offence was committed. You have a number of previous convictions for non-analogous offences, but have never before received a custodial sentence. Given the seriousness of the present offence, a prison sentence is inevitable, however, in view of everything said on your behalf in mitigation, that sentence will be significantly less than might otherwise have been imposed.
Mr Waterson, quite apart from the immediate harm caused by the incidents of violence already referred to, such a sustained period of physical and sexual abuse will inevitably have caused deep and lasting psychological harm to your former partner. There is also a real risk that it will have impacted upon the emotional development of the children.
Taking all the circumstances into consideration, I will sentence you to a period of imprisonment of 6 years and 6 months, 6 months of which is attributable to the child aggravation. The sentence will be backdated to 30 May 2025, when you were remanded in custody.
I have already certified that the offence contained a significant sexual element, and advised you that you would be subject to the notification provisions of the Sexual Offences Act 2003. I can now inform you that you will be subject to these provisions indefinitely.
I shall make an order that you shall not approach, contact or communicate with the complainer, or attempt to approach, contact or communicate with her, for an indefinite period. This order does not prevent any communication with a third party that may be necessary in order to facilitate the exercise of any right of contact with a child.
23 July 2025