SENTENCING STATEMENTS

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Read more about victims of crime and sentencing.

HMA v Mark McMillan

Feb 19, 2026

At the High Court in Kilmarnock, Lord Harrower imposed an extended sentence of 14 years on Mark McMillan. The offender was found guilty of rape and sexual assault charges against three women. McMillan must serve a punishment period in prison of 11 years, with a further 3 years on licence in the community.

On sentencing, Lord Harrower made the following remarks:

"Mark McMillan, you have been found guilty, at the High Court in Kilmarnock, of five charges involving the rape and sexual assault of three women over the course of a period of about 18 months. All the charges were aggravated by reason that they involved abuse of your partner. Two charges were further aggravated by reason of your having been on bail at the relevant time.

You were clearly someone capable of inspiring affection, even from different women at the same time. But your relationships quickly soured. All three women spoke of your belittling and humiliating them with vile and derogatory language. They spoke of your rapid and frightening changes in mood, particularly when you were without access to cocaine. In the case of two of the women, you placed your hands around their necks, and applied pressure to such an extent that they could hardly breathe, in one instance causing a loss of consciousness.

A common theme emerged of your treating your partners as mere objects for your own sexual gratification, […] , sometimes even when they were asleep. I am grateful to all three women for providing statements detailing the physical and psychological trauma that they have suffered as a result of your actions.

Mr McMillan, you are now 47 years’ old. Although you have numerous previous convictions mainly for road traffic offences and disorderly behaviour, I acknowledge that you have no record of sexual offending. You continue robustly to maintain your innocence, which is your right, but as a result I am unable to give you credit for any remorse or insight you might otherwise have shown. I have taken account of everything said on your behalf today by Ms Radcliffe, but as I believe you are aware, your crimes are so serious that there is no alternative to a significant prison sentence.

Had I been sentencing you in respect of each individual complainer, I would have sentenced you as follows, referring to the three women as A, B and C:

Charge 1 – rape of A: 6 years’ imprisonment, 6 months of which are attributed to the domestic abuse aggravation
Charges 4 and 5 – rape of B: in cumulo 6 years’ imprisonment, 6 months of which are attributed to the domestic abuse aggravation
Charges 7 and 8 - rape, sexual assault and sexual assault by penetration of C: in cumulo 7 years’ imprisonment, 6 months of which are attributed to the domestic abuse aggravation, and 6 months of which are attributed to the bail aggravation

That comes to a total of 19 years’ imprisonment, which would be excessive. I have therefore decided to impose a single in cumulo sentence in respect of all the charges against you. In addition, taking the social worker’s assessment of risk into account, I am satisfied that the sentence imposed should be an extended sentence, in order to protect women from serious harm from you when you are released. The total period of that sentence will be 14 years, but it will be in two parts. The first part, the custodial part, will be one of imprisonment for a period of 11 years, 9 months of which are attributed to the domestic abuse aggravations, and 3 months of which are attributed to the bail aggravations. The second part, known as the extension period, will be one of 3 years. During that period, you will be subject to licence conditions to be set by or on behalf of the Scottish Ministers. If you break the terms of your licence you will be liable to be recalled to custody to serve the remainder of your sentence. The sentence will be backdated to 8 November 2023, when you were remanded in custody.

In respect of all 5 charges, you will remain subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period as that term is defined in the legislation.

I will also make non-harassment orders, in terms of which you will not approach, contact, or attempt to approach or contact, in any way whatsoever, and either directly or indirectly, the three complainers named in the charges on the indictment, those orders to subsist for an indefinite period. Since you have expressed the intention to confront at least one of your victims, I am sure you will understand the need for such orders."