KIERAN MALCOLMSON SHETLAND TEACHER SEXUAL OFFENCES REDUCED ON APPEAL

In August 2021, a significant legal development occurred involving Kieran Malcolmson, a former teacher from Shetland, who was convicted of engaging in sexual activities with two of his students. The case, which drew considerable attention due to the nature of the offences and the location, was subject to an appeal that resulted in a reduction of his original sentence.

Malcolmson, who was previously employed as a secondary school teacher in Shetland, was initially sentenced to a total of 15 months’ imprisonment, with the sentences to run concurrently. The convictions stemmed from two separate incidents, one occurring in 2009 and the other in 2018, involving two different female pupils.

The first offence took place in 2009 when Malcolmson was nearly 24 years old. The charges included kissing the complainant on the mouth and engaging in digital penetration of her vagina. The details of this incident revealed a disturbing breach of trust, as Malcolmson, then a young adult, exploited his position and the vulnerability of a minor.

The second offence occurred nine years later, in 2018, involving a girl who was only 16 at the time. Malcolmson, aged 33, was accused of kissing her on the mouth and repeatedly inviting her to accompany him to a dark, secluded area. Both incidents took place in locations within Shetland where young people, including pupils from Malcolmson’s school, often gathered late at night, sometimes under the influence of alcohol. Witnesses and reports indicated that Malcolmson was intoxicated during both offences, which added to the gravity of his actions.

The sentencing hearing was conducted before a sheriff who noted that Malcolmson had no previous convictions. The sheriff also emphasized that Malcolmson would not be permitted to work as a teacher again, reflecting the seriousness of his misconduct. A criminal justice social work report assessed Malcolmson as being at a low risk of reoffending and recommended a community-based sentence. Despite this, the sheriff determined that the nature of the offences, which involved systematic criminal conduct and breaches of trust, warranted a custodial sentence.

During the appeal, Malcolmson’s legal representatives argued that a custodial sentence was inappropriate or that the length of the sentence was excessive. They pointed out that there was no grooming involved in either case and highlighted the relatively small age gap between Malcolmson and the victims in the first incident, as well as the reduced severity of the second.

Lord Pentland, delivering the court’s judgment, acknowledged the serious breaches of trust involved in both offences. He detailed the nature of the sexual activities, including digital and oral penetration, and emphasized that Malcolmson was intoxicated at the time of both incidents. The court recognized that voluntary intoxication can be an aggravating factor, citing guidelines from the Sentencing Council for Scotland and the Sentencing Council for England and Wales.

Lord Pentland also pointed out that Malcolmson had engineered situations to be alone with the victims, demonstrating premeditation. In the case of the first offence, Malcolmson arranged circumstances to be alone with the girl, and in the second, he repeatedly invited her to secluded areas after kissing her. The court noted that Malcolmson had shown no remorse for his actions.

However, the court acknowledged that Malcolmson was still a relatively young man at the time of the first offence, and the age difference between him and the victims was less than seven years. The court also noted that there was no grooming involved and that Malcolmson’s low risk of reoffending was a mitigating factor.

In conclusion, Lord Pentland emphasized the importance of protecting young persons from sexual abuse by those entrusted with their care, welfare, and education. While agreeing that the original custodial sentence was justified given the gravity of the offences, the court found the length of the sentence excessive. As a result, the Court of Appeal quashed the original sentences and replaced them with a single, reduced custodial term of 12 months’ imprisonment, reflecting a more proportionate response to the offences committed in Shetland.