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.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v David Kenneth Baird
Jun 2, 2026
Upon sentencing, Lord Harrower made the following remarks:
"David Kenneth Baird, you have pleaded guilty to a single charge of rape.
"The crime occurred over 50 years ago, when you were aged 16. You were babysitting the complainer, who was just 7 years’ old, while her parents were out at the local bowling club. The narrative contains very little further information about the circumstances of the crime.
"In her victim impact statement, the complainer explains that all her life she was told not to talk about what you did to her. It was only in 2023 that she felt able to report it to the police. But all the while your crime has had a profound and lasting impact upon her psychological well-being, her relationships and her family life.
"The sentencing guideline on rape applies. I must assess the seriousness of the offence by reference to your level of culpability and the degree of harm caused. I take into account your relative youth and immaturity at the time the offence was committed, just as I do the extreme youth of your victim.
"You are now 68. Time itself does not diminish your offence, but it does allow me to take account of the fact that there is no record of your having committed any other sexual offence in the intervening years. On the contrary, you have been in employment throughout that period, have raised a family, and appear to have made a positive contribution to society. The risk of your reoffending is low, and so the protection of the public is not as material a consideration as it would have been had you been sentenced at the time of your offence. I accept also that you have shown remorse for your offending.
"Mr Baird, I have taken into account everything said on your behalf by Ms Prais, the terms of the social work report, and character references I have received from two of your children. I have also taken account of your significant health issues. While there is no indication that these cannot be appropriately managed in a custodial setting, the experience of being in custody is likely to have a greater impact upon you than it would on someone in robust good health. Had I been sentencing you after trial, I would have imposed upon you a prison sentence of 4 years. Your plea, although only tendered at the trial diet, has at least saved some court time and spared the victim the ordeal of giving evidence. I will therefore sentence you to a term of imprisonment of 44 months, backdated to 7 May 2026 when you were remanded in custody. You will be subject to the notification requirements of the Sexual Offence Act 2003 indefinitely.
"I will also make a non-harassment order, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the complainer named in the charge on the indictment, that order to subsist for an indefinite period."
2 June 2026