MAN IMPOSED COMMUNITY ORDER FOR DOMESTIC VIOLENCE IN EDINBURGH
At Edinburgh's High Court, Judge Jackson KC sentenced Declan Cunningham to a community payback order after convicting him of charges related to domestic abuse and violence.Cunningham will be under supervision for one year, must complete 240 hours of unpaid work, and will be subject to a five-month curfew.
Additionally, he has been issued non-harassment orders to protect his victims.
During sentencing, Judge Jackson KC addressed Cunningham, stating: “You were unanimously found guilty by the jury of five separate charges involving domestic abuse and violence towards intimate partners, including once towards your partner’s mother.
I have reviewed the comprehensive criminal justice social work report.
While I disagree with some parts of it, it generally provides insight into your background, written by someone who knows you well.
That report leaves me with an impression that you are an arrogant and very immature young man.
Such traits often hide deeper issues, and only time will reveal if that’s the case with you.
As the report notes, when determining your sentence, I am bound by the youth sentencing guidelines of the SSC, which require consideration of your capacity for change.
It’s possible that in the future you will look back on these years and wonder what you were doing.
I believe there is potential for you to change, and therefore, an alternative to custody is appropriate here.” He continued, acknowledging logistical challenges related to Cunningham’s residence, and appreciated Cunningham’s desire to maintain a relationship with his daughter on the mainland.
While punishment for past actions is warranted, the judge emphasized that the daughter should not be deprived of her right to see her father.
Judge Jackson KC also commented on Cunningham’s employment history, noting a pattern of quitting jobs shortly after starting them.
Nevertheless, he recognized Cunningham’s ability to work and reflected this in the order.
The judge dismissed Cunningham’s apparent indifference to a prison sentence, suggesting he was only feigning concern to impress others.
He warned that a lengthy prison sentence could significantly affect Cunningham due to his arrogance and immaturity.
The court’s order is designed as a direct alternative to imprisonment, with strict consequences if breached.
A review of the order will take place in 12 weeks to assess Cunningham’s compliance with supervision and unpaid work requirements, preferably via WebEx to avoid travel.
The judge also emphasized that the impact of Cunningham’s actions on his victims remains serious.
Their testimony showed they experienced fear and other harms, and they deserve protection — hence, non-harassment orders for 10 years will be imposed.
Concerning Cunningham himself, the court has ordered a community payback order with specific conditions: he will remain under supervision throughout, participate in all recommended training and counseling, complete 240 hours of unpaid work within 12 months, and abide by a five-month curfew from 7 PM to 7 AM.
The curfew will be suspended to allow travel to the mainland solely for visiting his daughter, contingent upon prior approval and proof of travel arrangements confirmed by his supervising officer.
The court recognizes this may impact his partner but clarifies that she remains free to visit him.
No residence restriction will be imposed, as the court considers it an unwarranted intrusion.
Additionally, Cunningham must inform the social work department about any new relationship so that relevant parties can consider informing the partner of his criminal history.
The court urges him to engage with support and guidance to address past harms and develop healthier relationships.
The court’s order includes a community payback order with the outlined conduct requirements and a scheduled review at Edinburgh High Court.
It is noted that out of the 240 hours, 30 are related to domestic aggravation and 30 to aggravation involving a child.
An additional 20 hours are due to factors related to bail aggravation in charge five.
Date: 21 April 2026
