FALKIRK MAN STEWART MCQUADE KENNEDY SENTENCED TO EXTENDED 9-YEAR TERM FOR VIOLENCE AND SEXUAL OFFENCES

At the High Court in Glasgow today, Stewart McIntosh McQuade Kennedy, a resident of Falkirk, was handed down a substantial extended prison sentence after being found guilty of a series of serious criminal charges. The court sentenced Kennedy to a total of nine years in custody, comprising a seven-year prison term followed by a two-year period on licence within the community. This decision came after a detailed trial where Kennedy was convicted on 15 separate charges, which included both violent and sexual offences. Additionally, the court imposed non-harassment orders against him and mandated his registration on the sex offenders register, reflecting the gravity of his crimes.

During the sentencing hearing, Lord Scott addressed Kennedy directly, emphasizing the severity of his actions. He stated, “On 27 February at Falkirk Sheriff Court, you were found guilty by a jury of 15 charges. Taken together, they reflect a serious course of violent, threatening and abusive behaviour towards five of your former partners. Your offending also includes sexual crimes against former partners as well as a 17-year-old who was 16 years younger than you at the time.”

Lord Scott further explained that the presiding sheriff recognized the inadequacy of standard sentencing powers to fully address Kennedy’s extensive pattern of abuse. The evidence presented, including the Criminal Justice Social Work Report (CJSWR), suggested that a lifelong restriction order might be necessary, given the nature and duration of Kennedy’s offending. The court detailed that Kennedy’s abusive conduct spanned from 1998 to 2022, a period of 24 years, beginning when he was only 13 years old and continuing into his late 30s. His behaviour was characterized by controlling and coercive tactics, which included acts of self-harm, threats of suicide, and threats to remove children from their families, all used as manipulative tools to dominate his partners.

The court highlighted the profound and lasting impact such abuse can have on victims. Victim Impact Statements submitted to the court confirmed the serious, ongoing effects of Kennedy’s actions, underscoring the lifelong trauma inflicted upon his victims. The court also noted an incident in September 2022, where Kennedy committed an act of violence against the brother of his current partner while he was under a bail order. This incident resulted in a Community Payback Order being imposed.

Prior to sentencing, Lord Scott requested a supplementary social work report, including a detailed risk assessment, to determine whether an extended sentence was appropriate. The report revealed that Kennedy suffered some adverse childhood experiences, which the court acknowledged as a factor in his behaviour. However, the fact that his offending persisted into adulthood diminished the weight of this mitigation.

Throughout the proceedings, Kennedy maintained a stance of denial, claiming innocence despite overwhelming evidence to the contrary. He accused his victims of lying to obtain compensation, a claim rejected by the court. The jury’s verdict clearly indicated that Kennedy was attempting to evade responsibility for his long history of abuse, which spanned from childhood into his adult years.

The court’s assessment, based on the Spousal Assault Risk Assessment (SARA V3), classified Kennedy as a “high risk of harm” to current and future partners. The assessment detailed a pattern of domestic abuse involving intimidation, threats, and physical violence. Kennedy’s lack of insight and remorse was noted as a significant concern, with the court emphasizing that he had shown no genuine acknowledgment of the harm caused.

Given his failure to demonstrate remorse or understanding, and his minimization and denial of his actions, the court concluded that Kennedy was unfit for rehabilitation at this stage. His history of previous convictions, including four for violence—one of which involved severe injury and disfigurement in 2010—and a conviction for culpable and reckless conduct with domestic aggravation, further underscored the need for a custodial sentence.

While acknowledging some limited acknowledgment of wrongdoing in reports, Lord Scott emphasized that Kennedy’s continued denial and lack of insight meant that the risk of further harm remained high. The court determined that only a custodial sentence could adequately serve the purposes of punishment, deterrence, and public protection. Consequently, an extended sentence of nine years was imposed, with a custodial period of seven years and a two-year extension period under licence, during which Kennedy must adhere to conditions set by the Scottish Ministers. Failure to comply could result in revocation of his licence and re-imprisonment.

The sentences for the various charges, which included assault, breach of the peace, indecent assault, and stalking, were ordered to run concurrently, reflecting the court’s view that these acts constituted a single course of abusive conduct. The maximum penalties for the charges ranged from five years for threatening and abusive behaviour to life imprisonment for the most serious sexual offences. The court also mandated notification requirements for Kennedy, which will remain in effect indefinitely.

Furthermore, a non-harassment order was issued, prohibiting Kennedy from approaching, contacting, or communicating with the six complainants. This order is of indefinite duration and took effect immediately from today’s date, aiming to protect victims from further harassment or intimidation by Kennedy.