CHARLES KIRK FROM LOCHMABEN AND THORNHILL SENTENCED IN DUMFRIES FOR HORRIFIC CHILD ATTACK

In August 2012, a disturbing case emerged involving Charles Kirk, a man residing in Lochmaben with strong connections to Dumfries. The incident, which took place in July of the previous year, involved a brutal assault on a seven-year-old girl that left her severely injured and deeply traumatized. The attack occurred at Kirk’s home in Thornhill, where he had a garden shed that served as the scene of the assault.

Initially, Kirk, aged 41 at the time, was sentenced to three and a half years in prison after admitting to assaulting the young girl. The assault happened during a play session in a garden shed, where Kirk and the girl were alone. According to reports, Kirk had been playing hide-and-seek with the child when he found her hiding in the shed. The situation quickly escalated into violence, with Kirk head-butting the girl, punching her in the head and private parts, and forcibly covering her mouth to restrict her breathing. Witnesses nearby heard the girl screaming and saw Kirk carrying her, visibly distressed and naked from the waist down, across the garden.

Later, the girl’s mother, a 31-year-old woman who frequently visited a house near Kirk’s residence on Kinnell Street in Thornhill, arrived to find her daughter lying on a bed. The young girl was only wearing a vest and was wrapped in a towel. She was visibly shaken, distressed, and crying out for her mother. The mother confronted Kirk, who claimed that the girl had run away and returned in that state. When police attempted to interview Kirk, he initially denied any involvement but later, during preparations for an identification parade, he shockingly admitted guilt, stating, “You’ve no need to do this anyway cause I’m pleading guilty to it.”

Following the assault, the girl was rushed to Dumfries and Galloway Royal Infirmary, where she received treatment for serious injuries, including bleeding from her private parts. Police responded swiftly, transporting her to hospital with flashing blue lights due to the severity of her injuries. The incident left lasting scars; although she eventually recovered physically, she continued to suffer nightmares, temper tantrums, and emotional distress. Hearing the name “Charlie” would trigger her anger and upset her, indicating the deep psychological impact of the trauma.

In the aftermath, the case was brought before the Court of Criminal Appeal in Edinburgh. The appeal judges, Lord Johnston, Lords Kingarth, and Penrose, reviewed the original sentence, which they deemed too lenient given the severity of the crime. They expressed their support for the Crown’s position, emphasizing the horrific nature of the attack and the serious injuries inflicted on the young girl. Lord Johnston noted, “This was an horrific attack on a young girl causing her serious injury both physical and mental.”

The judges considered whether to impose a discretionary life sentence but ultimately decided against it, citing Kirk’s lack of prior criminal history related to similar conduct. However, they increased his sentence significantly, from three and a half years to ten years in prison. Additionally, they ordered that due to the potential risk Kirk posed, he should be subject to strict supervision for five years following his release. The court also reviewed background reports indicating Kirk had a drinking problem at the time of the offence, which contributed to a medium risk of future sexual offending and a high risk of violence.

The impact of the assault extended beyond the young girl, affecting her entire family, who are protected by legal restrictions from being identified. The court heard that the girl’s mother was a frequent visitor to a house near Kirk’s residence, where her daughter had interacted with Kirk and played children’s games with him. The assault occurred during a Sunday afternoon when Kirk and the girl were alone. Witnesses, including a neighbor passing by, saw Kirk carrying the crying, naked girl from the garden shed, which was equipped with a settee and chairs. The neighbor heard the girl screaming from behind the hedge and saw Kirk with her.

Despite Kirk’s initial denial, the evidence and subsequent admissions led to his conviction. The girl’s injuries required urgent medical attention, and her mother’s distress was palpable. The case underscores the importance of judicial review in ensuring that sentences reflect the gravity of such heinous crimes. The Crown’s representative, Dumfries area procurator fiscal John Service, expressed satisfaction with the increased sentence, stating, “The Crown welcomes the fact that the appeal court has taken the opportunity to review the original sentence and has now imposed a sentence which reflects the extremely serious nature of the crime.”