SENTENCING STATEMENTS

On sentencing Lord Harrower made the following remarks in court:

"Kenny Dalgleish, you have been found guilty of eleven charges.  These charges take a variety of legal forms.  But in essence they involve the physical, emotional and sexual abuse carried out over many years against two women, each of whom was at different times your partner.  I will call them Carol and Amy, though obviously these are not their real names.  

Background

You were in a relationship with Carol between 2006 and 2010, at which time you would have been aged between 18 and 22, and with Amy between  2015 and 2023, when you would have been aged between 27 and 35.  It is unnecessary in these sentencing remarks to rehearse all the details of the abuse heard in evidence.  They included referring to both women in vile and derogatory terms, undermining their confidence and self-esteem. There were acts of assault, including the highly dangerous act of seizing them by the throat until their breathing was restricted.  You also threatened Amy with a knife, holding it against her back and neck.  And you repeatedly raped both women on a regular basis over the course of your relationships with them.  Other acts of sexual abuse included grabbing Carol’s hair and forcing her to give you oral sex – which was libelled as an indecent assault but would now be classed as rape - scratching the inside of Carol’s vagina with your fingers, and inducing Amy to penetrate your anus with her fingers and tongue. 

 

Discussion

I must assess the seriousness of your offending by reference to culpability and harm.  I do so having regard to the relevant guidelines of the Scottish Sentencing Council.  These include the guideline on rape, which applies to both common law and statutory rape.  The guideline on sentencing young people does not apply, but in my assessment of culpability I have taken account of your relative youth and immaturity at the time of your offending against Carol. 

I assess your culpability for your offending overall as high.  You repeatedly raped and carried out other serious sexual assaults against both partners over very lengthy periods. It was carried out against a background of violence and intimidation, in which you acted throughout with a sense of entitlement.

So far as harm is concerned, some of the abuse I have detailed here would have been particularly degrading and humiliating. In addition to their physical injuries, it was painfully obvious from the manner in which they gave their evidence, that both women have suffered and continue to suffer lasting psychological harm.  I am grateful to Amy for providing a detailed statement which has allowed what I imagine can only be a glimpse into the depths of that harm, and the arduous process of recovery.

Sentence

Kenny Dalgleish, in sentencing you, I have taken account of everything said on your behalf by Mr Brannigan, as well as the terms of the social work report.  You have no previous convictions.  I am aware that you continue vigorously to deny all the charges against you, which is of course your right.  It does mean however that I am unable to take account of any remorse that you might otherwise have shown.  I have also read the 16 character references submitted to me this morning.  You have been serving for several years in the Royal Air Force, and I have no difficulty in accepting that there are many positive aspects to your character.  It was clear also from the evidence that you were capable of inspiring love and affection.  The problem, as this trial showed, is that there were clearly two sides to your character, the dark side of which may only have been seen by those closest to you.

Charges 1-5 relate to your offences against Carol; charges 6 – 11, those against Amy.  I have decided to impose a single sentence of imprisonment in cumulo in respect of all the charges.  Before doing so, I propose to indicate how I would have approached sentencing, had I been dealing with your offences against each woman separately.

Charge 1 (breach of the peace) – 6 months’ imprisonment

Charge 2 (assault) – 12 months’ imprisonment

Charges 3, 4 and 5 (rape, indecent assault x2) – 6 years

Charge 6 (stalking contrary to Section 39(1) of the Criminal Justice and Licensing (Scotland) Act 2010) – 12 months

Charge 7 (assault) - 18 months

Charges 8, 9 and 10 (rape, sexual assault by penetration, sexual assault, and causing Amy to participate in a sexual activity, contrary to ss 1, 2, 3 and 4 of the Sexual Offences (Scotland) Act 2009) – 9 years in cumulo

Charge 11 (engaging in a course of abusive behaviour contrary to s1 of the Domestic Abuse (Scotland) Act 2018, aggravated by involving a child) - 2 years

The sum of these various sentences is 21 years.  To impose a sentence of that total duration would not be fair or proportionate.  I am conscious also that the social worker, in her various risk assessments, has assessed you as presenting with a high risk of reoffending against women with whom you are in a relationship.  As a result, I am satisfied that the standard licence arrangements will be inadequate to protect the public, primarily women, from serious harm caused by you.  The sentence I impose will therefore be an extended sentence.  It is in two parts. The first part, the custodial part, will be one of imprisonment for a period of 11 years, backdated to 5 June 2026 when you were remanded in custody. Three months of that period are attributed to the domestic abuse aggravation in charge 10 and a further three months attributed to the child aggravation in charge 11. The second part, known as the extension period, will be one of 3 years.  During that period, you will be subject to licence conditions to be set by or on behalf of the Scottish Ministers.  If you break the terms of your licence you will be liable to be recalled to custody to serve the remainder of your sentence.   

You will be subject to the notification requirements of the Sexual Offences Act 2003 indefinitely. 

Finally, I will make non-harassment orders, 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 complainers and others named in the charges on the indictment, those orders to subsist for an indefinite period.  The orders are not intended to affect any contact that may be required to be made through third parties in respect of any children. "