HMA v Paul McMillan

At the High Court in Edinburgh today, 21 March 2019, Lord Boyd of Duncansby sentenced Paul McMillan to seven years’ imprisonment after the accused was convicted of three charges of rape.

On sentencing, Lord Boyd made the following statement in court:

"Paul McMillan, you have been convicted on three charges of rape against two women. In the case of the first complainer the rapes occurred on a number of occasions. In the case of the second complainer the conviction is restricted to one occasion.

"You were acquitted on charges of assault which were withdrawn by the Advocate Depute and I take that into account.

"What I cannot do is shut my eyes to the record of offending which includes a number of convictions involving domestic abuse of both women.

"The criminal justice social work report says that your offending appears to be underpinned by a rigid thinking style, a strong sense of entitlement with no apparent empathy or insight into the impact of your behaviour. I would endorse that view.

"On the other hand there is some cause for optimism. You are assessed as suitable for inclusion in the Moving Forward Making Changes (MFMC) programme although you also have a history of breaching conditions attached to community payback orders.

"You describe your behaviour as completely awful and bringing great shame on you. It appears you now accept your responsibility for your actions albeit that this represents as the author of the report puts it, a low level of responsibility at this stage.

"It is however a start. You are an intelligent man who now appears to accept the seriousness of the position you find yourself in.

"I have listened carefully to what has been said on your behalf. I am prepared to accept that you regret your actions and that you have a genuine desire to engage in programmes designed to address your behaviour. If you do not address these issues then I have no doubt that you will be back before the courts.

"As a result of your conviction and the sentence to be imposed you are subject to the notification requirements under Part 2 of the Sexual Offences Act 2003 for an indefinite period.

"The clerk of court will serve upon you a notice confirming those requirements with which you must comply.

I shall sentence you to a cumulo sentence of seven years' imprisonment, backdated to 20 February 2019."