SENTENCING STATEMENTS

On sentencing Lord Colbeck made the following remarks in court:

"James McCall, on 20 March 2025 you were convicted by a jury of nine separate charges, comprising four of rape; two of assault; one under the Domestic Abuse (Scotland) Act 2018; and two of threatening and abusive behaviour.

The offences were committed over a 12 year period.

You are almost 50 years of age. You have two previous convictions from 2008 and 2009 – one for assault, which is of limited significance, and the other for a road traffic offence, which is not. Both cases were prosecuted in the justice of the peace court and were disposed of by way of a monetary penalty.

You continue to deny any meaningful responsibility for the offences of which you have been convicted and minimise the severity of such conduct as you do now accept. You attribute blame to each of your victims.

In assessing culpability, the court first requires to assess the blameworthiness of the offender at the time of committing the offence.

In this context, I have particular regard to the lengthy period over which the offences were committed. Each of the charges of rape involved a complainer who was incapable of giving or withholding consent. You took advantage of them in the most appalling manner imaginable.

The court next requires to assess the harm caused by you.

Both of your victims have provided the court with a victim impact statement. They make truly harrowing reading. Both of your victims have described the awful effects of what you did to them. It is clear that your offending behaviour has occasioned each of them what might properly be described as severe psychological harm or trauma. That has had a significant affect upon them both and will continue to do so.

In my assessment, these factors are redolent of a high degree of culpability on your part.

Turning to the aggravating and mitigating factors present in this case, your previous conviction for assault, to which I have referred, is an aggravating factor; as are the statutory aggravations in three of the charges.

In terms of mitigation, there is frankly little in your favour in the report. I have regard to all that is said within it and also to all that has been said on your behalf today by Mr Findlay KC and to the terms of the two references that have been produced.

The criminal justice social work report that has been prepared assesses you as being of a high risk of repeat offending within the same context as the offences of which you have been convicted.  You show no insight in to your offending behaviour and the considerable impact this has inevitably had upon your ex-partners.

Having considered carefully the circumstances of this case, I am satisfied that there is no other method of dealing with you other than by the imposition of a lengthy custodial sentence.

Furthermore, I am satisfied that the risk criteria for the imposition of an extended sentence are met. Such a sentence is, in my assessment, necessary to protect the public from you; to punish you as a consequence of your criminal behaviour;  and to express society’s concern about and disapproval of that behaviour.

In respect of the nine charges you were convicted of, I will impose a cumulo custodial term. Had the offences stood alone I would have imposed the following sentences:

Charge 4        Assault to injury – 3 months imprisonment

Charge 5        Criminal Justice & Licensing (Sc) Act 2010, s.38(1) – 6 months imprisonment

Charge 6        Assault – 3 months imprisonment

Charge 7        Sexual Offences (Sc) Act 2009, s.1 – 7 years’ imprisonment

Charge 8        Sexual Offences (Sc) Act 2009, s.1 - 6 years’ imprisonment

Charge 9        Sexual Offences (Sc) Act 2009, s.1, aggr. DA - 8 years’ imprisonment (of which 12 months would have been attributed to the aggravation)

Charge 10      Criminal Justice & Licensing (Sc) Act 2010, s.38(1), aggr. DA – 12 months imprisonment (of which 2 months would have been attributed to the aggravation)

Charge 11      Domestic Abuse (Sc) Act 2018, s.1 – 6 years’ imprisonment

Charge 12      Sexual Offences (Sc) Act 2009, s.1, aggr. DA – 8 years’ imprisonment (of which 12 months would have been attributed to the aggravation)

 It is a fundamental principle of sentencing that sentences should be no more severe than is necessary to achieve the appropriate purposes of sentencing in each case. Ordering that the sentences I would have imposed run consecutively would result in a sentence far more severe than is necessary to achieve those purposes.

I will accordingly impose a cumulative sentence of a lesser amount than the sum of the various sentences indicated by me.

The first part of the sentence will comprise a cumulo custodial term of 12 years’ imprisonment in respect of the nine charges you were convicted of. That will run from 20 March 2025.

The second part of the sentence – the extension period - will be served in the community. From the date of your release, you will be under licence for a period of 5 years.

The conditions of your licence will be fixed by the Scottish Ministers. If you fail to comply with those conditions, your licence may be revoked and you may be returned to custody for a further period in respect of this case. The court also has power to deal with you if you commit another offence after your release and whilst you are on licence.

SONR

I have already certified that your conviction attracts the notification requirements of the Sexual Offences Act 2003. As a result of the sentence now imposed, you are subject to those requirements indefinitely.

NHOs

I will make non-harassment orders against you in relation to: Redacted

Those orders will continue indefinitely. In terms of the orders, you are prohibited from approaching or contacting, or attempting to approach or contact, each of the persons in respect of whom an order is made by any means whatsoever.