Man who shook baby girl to stop her crying avoids jail sentence and handed unpaid work

A man who put a baby’s life in danger by shaking her to stop her crying has avoided jail.

James MacDonald, 21, attacked the girl who was in his care at his flat in Baillieston between January and March 2022.

MacDonald seized hold of the girl’s body, lifted her up and repeatedly compressed her body before he repeatedly shook her.

First offender, MacDonald, was found guilty of assaulting the baby to her severe injury and danger of life.

Co-accused Jennifer Mair, 20, had her charge of assault against the girl dropped mid-trial.

Both had lodged special defences of incrimination against each other.

Sheriff Iain Fleming ordered MacDonald to do 300 hours of unpaid work at Monday’s sentencing.

The sheriff also placed MacDonald under supervision for 18 months.

Sheriff Fleming said: “You are aware that this was a serious crime.

“I have taken account of your age, lack of a criminal record and the young persons’ sentencing guidelines.

“I have concluded that I don’t require to send you to custody.”

Unemployed MacDonald told the court in his evidence that he watched the girl while Mair went for a bath.

He stated that the baby was “crying a lot” which made him “frustrated.”

Charles Ferguson, defending, asked his client what he then did, and MacDonald replied: “I put her in my hands and stood her on my knees.

“I can’t use the word shook as that got me into trouble before.

“I got her in a way that was unorthodox – I tried to calm her down.”

MacDonald told the court that he was “not aware” of the baby’s injuries and only realised the severity of it when he was in hospital with her.

MacDonald pointed the blame at partner Mair for causing the injuries as she was the only other person looking after the girl.

Mr Ferguson asked MacDonald how he felt when he saw the baby’s injuries and he replied: “I was shocked, I didn’t know how to react, usually when I am in shock my face is deadpan.”

Jurors heard parts of MacDonald’s police statement, which said: “I’m not going to lie, I shook her twice and did it out of frustration – she was crying and wouldn’t stop.

“I stood up and shook her, and I got her to stop.”

MacDonald claimed that he “did not use the right words” when recalling the incident to officers and that he “shoogled” her.

Prosecutor Ross Canning put to MacDonald: “You are lying about your own actions which you did because of the injuries and you are scared of the consequences of your actions.”

MacDonald replied: “No.”

The baby was taken to hospital after a family nurse visited MacDonald’s home on March 23, 2022, and did a developmental assessment on her.

A joint minute of agreed evidence stated that the baby suffered bruising to her cheek and below her right eye.

There were further bruises across her back. The baby and MacDonald were also found to have been suffering from Covid at the time.

Charles Ferguson, defending, said at the sentencing: “My client is aware that this is a serious matter, and this is a case where you can impose a direct alternative to custody.”