SENTENCING STATEMENTS

On sentencing, Lady Poole said:

"AB and CD, on 8 August 2025, you plead guilty to serious sexual offences at the High Court in Edinburgh.

You AB plead guilty to making obscene material of your co-accused on two separate dates in 2023 (charge 3). The videos you made were of an extreme pornographic nature, and were made with a view to you distributing them to her.  You also plead guilty to possession of numerous extreme pornographic images (charge 2).  Your two phones contained about 250 files categorised as extreme pornography. The earliest of the images found was dated 24 July 2021, the latest 7 March 2024. 

You CD plead guilty to possession of extreme pornographic images (charge 1). On your phone there were 30 files of this nature, some duplicates, with 15 distinct dates, starting on 26 November 2022 and ending on 14 February 2024.  A number of these videos showed you personally engaged in unspeakable conduct.  The total runtime of all videos on your phone was nearly 22 minutes.  More generally, your phone contained 383 files categorised as extreme pornography. 

You CD also plead guilty to causing a young child to participate in sexual activity, sexually assaulting them, and engaging in sexual activity in their presence on various occasions over a period of about 16 months (charge 4).  It was an exceptionally serious breach of trust for you to behave in this way.  Appallingly, you took images of you carrying out some abuse (charge 5).  There were 4 category B videos and 2 still category C images.  You distributed them to a man along with messages about abuse of the child (charge 6).  You messaged with adult males about sexual activity with the child.  Over 21,000 messages were found.  Your behaviour was prolonged, secretive, planned, and escalated over time.

The High Court sees many cases involving serious crime.  But this case is particularly sickening and shocking.  The behaviour of both of you has been depraved and disgusting, and particularly yours, CD.  The consequences for victims of your behaviour, and others indirectly affected, have been far reaching and devastating.  The potential for this harm should have been obvious to you. It beggars belief that both of you would indulge in these activities for your own gratification, given the clear costs to others.

I have considered the criminal justice social work reports that I ordered. I have also considered everything said on your behalf in mitigation.  Both of you offered to plead guilty at an early stage, and have co-operated with the police, including providing passcodes for devices.  Both of you express remorse for what you did.

AB, you had a difficult childhood with a broken home, and were the victim of bullying at school.  You have various qualifications, a history of work and some caring responsibilities.  You have various health issues.  You have only one previous conviction which is now dated and was not for sexual offending.  You expressed disgust with yourself for what you have done to others to the social worker preparing the court report.  You blame your involvement on your co-accused, and she appears to accept a degree of manipulation.  But the reality is that you could simply have chosen not to participate in behaviour that was obviously depraved.

CD, you appear before the court as a first offender.  Some of your offending behaviour appears to have been encouraged by a man with whom you were in an online relationship and you wished to please.  You had a degree of emotional vulnerability. Although you were brought up in a stable home background, you yourself appear to have been the victim of abuse in the past. You struggled at school because you had undiagnosed learning difficulties.  Nevertheless, you completed a joinery apprenticeship, have a history of some employment, and were studying to become a teacher. When at liberty you had caring responsibilities.  You suffer from a number of health issues.  None of these mitigating factors are a justification for the revolting activities in which you chose to engage.

Both of you stand convicted of disgraceful offences which must attract significant prison sentences. I have taken into account that you have not previously been sentenced to imprisonment or detention but given the nature and seriousness of the crimes of which each of you have been convicted, no other method of dealing with you is appropriate.

AB, on charge 3 I sentence you to 20 months imprisonment, reduced from 30 months for your guilty plea.  I sentence you to a consecutive sentence on charge 2 of 10 months imprisonment, reduced from a headline of 15 months for your guilty plea.  It is appropriate that you become subject to notification requirements for sex offenders under the Sexual Offences Act 2003, which given the length of your sentence will be for an indefinite period. 

CD, on charge 1, I sentence you to 12 months imprisonment, reduced from 18 months for your guilty plea.  I sentence you to a consecutive extended sentence on charge 4. Given all of the circumstances of your offending, normal conditions of licence would be insufficient to protect the public from serious harm from you on your release.  The custodial part of your extended sentence is 6 years and 8 months, reduced from 10 years, for your early guilty plea.  There will then be an extension period of 3 years.  During the extension period you will be on licence on conditions fixed by the Scottish Ministers. 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.  On charge 5 I sentence you to imprisonment for 2 years reduced from a headline of 3, to be served concurrently with the sentence on charge 4.  On charge 6, I sentence you to 16 months reduced from 24 months for your guilty plea, to be served consecutively to the sentences on charges 1 and 4.  The total custodial period to which you are subject for all of your offending is therefore 9 years plus an extension period of 3 years. 

It is appropriate that you are subject to the notification requirements under the Sexual Offences Act 2003 in respect of charges 5 and 6 as well as charge 4.  You are placed on the sex offenders’ register indefinitely in respect of charge 4, and 10 years in respect of charges 5 and 6. Your name has been intimated to the Scottish Ministers in connection with the lists of persons deemed unsuitable to work with vulnerable groups. 

The sentences for both of you will be backdated to 8 August 2025, when you were both first remanded in custody."