SENTENCING STATEMENTS
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Read more about victims of crime and sentencing.
HMA v David MacDonald
Jul 15, 2026
Upon sentencing, Judge Welsh KC made the following remarks:
"David MacDonald, you have been convicted by the jury, of grave and serious charges.
"Between October 2010 and December 2023, a period of 13 years, you were found guilty by the jury, after trial, of a series of offences against your former partner which included:
- Multiple rapes and serious sexual assaults.
- Multiple instances of domestic abuse which included subjecting your former partner to demeaning and denigrating behaviour.
- Multiple instances of coercive control of your partner which caused her emotional and psychological harm.
- Multiple physical assaults of your partner some to the danger of her life by choking her and callous vindictive assault by burning parts of her body with lit cigarettes.
"Over the years, on numerous occasions, bruising on her body, caused by you, was seen by her mother, her close friend and those who worked with her. These people gave evidence to the jury, of what they saw, at the trial.
"This abusive behaviour culminated on 18 December 2023 when, during a vicious attack on your former partner, the police were called to the house, (which was not for the first time) and you were physically pulled off your then partner by a police officer while you were attacking her. The jury convicted you of attempted murder in that charge.
"The violence used by you against your partner, was always associated with the consumption of excessive amounts of alcohol and drugs like cocaine.
"When she was taken to A&E on 18 December 2023 your former partner was found to have extensive injuries, including bone fractures on her upper body, which the consultant surgeon, who gave evidence to the jury in the trial, said were typical of injuries found, in what he described as 'high energy road traffic accidents'. The fractures alone, show the extent of the force you used, on that occasion, in your vicious and sustained attack against your then partner.
"You gave evidence in your trial and denied any abuse of your partner. You said there was always consent in your sexual relations and that you acted in self-defence in relation to the attempted murder.
"Your defence of consent and self-defence was rejected by the jury and you were disbelieved on your version of events, as to what happened, in relation to all the charges on the indictment.
"Over 13 years, you subjected your then partner to a shocking and prolonged ordeal of rape, sexual assault, domestic abuse and finally, attempted murder, which the jury found was itself aggravated by being a crime, committed against a partner.
"A custodial sentence is inevitable.
"I have read the contents of the Criminal Justice Social Work Report (CJSWR). I have taken account of the submissions of your senior counsel. I also take into account of the contents of the Victim Impact Statements (VIS) I have read detailing the long-term, harm your conduct has had upon your former partner.
"You have a bad criminal record which includes multiple convictions for violence, some, using weapons in respect of which you received custodial sentences.
"You also have previous convictions for domestic abuse against a different former partner. Your criminal record is a significant aggravation in this case.
"The CJSWR states:
'Police information and previous social work reports outlined a chronic and persistent pattern of domestically abusive behaviour……………. Due to the above and given that Mr MacDonald’s abusive behaviour appears to give him a sense of control it is highly likely that he would continue to use domestically abusive behaviours in future intimate relationships and in similar situations………'
"From the evidence I heard at trial, taken together with your previous convictions, I am satisfied having read the CJSWR that an extended sentence is necessary to protect the public from serious harm, from you, in the future.
"I also take into account and have due regard to the Rape Sentencing Guidelines.
"In respect of all the charges on the indictment, taken together, I impose an extended sentence of 16 years imprisonment, which shall constitute a custodial term of 12 years and an extension period of 4 years. During the extension period you will be subject to the supervision of police officers and local authority officials.
"If you offend during that extension period, when you will be at liberty on license, you will be returned to prison to complete the full term, of the 16 years extended sentence.
"As a consequence of the sexual offences, you will be placed on the sex offenders register indefinitely. These offences will be intimated to the Scottish Ministers under the Vulnerable Persons legislation.
"The sentence is backdated to 5 February 2024 when you were remanded in custody for these crimes."
15 July 2026