A Glasgow man who shook a newborn out of frustration, endangering her life, avoids jail time after sentencing.
MacDonald hurt the girl in his Glasgow flat between January and March 2022. He grabbed, lifted, compressed, and shook her.
MacDonald assaulted the baby, causing severe injury and endangering her life. Jennifer Mair, 20, was also accused, but charges were dropped; each blamed the other.
Sheriff Iain Fleming gave MacDonald 300 hours of unpaid work and supervision for 18 months at the sentencing.
Sheriff Fleming said it was a very serious crime. He considered the man’s age and lack of a past record, and he also noted sentencing guidelines for young people.
Fleming concluded he didn’t need to send him to jail. MacDonald said he watched the baby while Mair was taking a bath when her crying made him “frustrated.” His lawyer asked what he did then.
MacDonald said he held her and stood her on his knees, avoiding the term “shook” because it caused issues before; instead, he tried to calm her unconventionally. MacDonald wasn’t aware of the baby’s injuries initially, realizing the severity at the hospital; then, he blamed Mair for causing them because she was also caring for the girl.
MacDonald said he was shocked by the injuries and didn’t know how to react at the time; he said his face goes blank when he’s shocked.
Jurors heard parts of MacDonald’s police statement, where he admitted shaking her twice out of frustration because she wouldn’t stop crying. He recalled standing up and shaking her to stop the cries.
MacDonald then claimed he used incorrect language with officers and stated that he “shoogled” the baby instead. The prosecutor said MacDonald lied to hide his actions because of the baby’s injuries and the consequences he feared; MacDonald denied this charge.
The baby went to the hospital after a nurse’s visit. The nurse assessed her development on March 23, 2022. Evidence showed the baby had bruises on her cheek, below her eye, and across her back. The baby and MacDonald had Covid then.
His lawyer declared this a serious event but also stated that he understands that an alternative to jail exists.