TWO MEN who reacted to verbal provocation by getting out of a taxi to knock another man to the ground and repeatedly punch and kick him on the head have been fined £800 each.
Jack Carter, 27, of Bingham Road, Frindsbury, Kent, and Steven Carter, 57, of Frindsbury Hill, Rochester, both pleaded guilty to carrying out the assault on Lerwick’s Esplanade on 15 October last year.
Procurator fiscal Duncan Mackenzie said the pair should simply have stayed in the taxi and not reacted to the situation.
Defence agent Tommy Allan said they had gone out drinking and had been expecting to meet a friend for dinner, but when that didn’t happen it resulted in them continuing to drink and not eating.
Following “verbal provocation”, both men “reacted in a way they’re not proud of” and realise it is fortunate the victim did not suffer any serious injuries.
They have since taken the matter seriously and shown an “appropriate degree of remorse”, Allan said.
He said a custodial sentence would be “catastrophic” for both men, while the nature of their work meant carrying out unpaid work would be difficult.
Sheriff Philip Mann said that whenever he heard the words “kicking on the head”, the word “custody” started ringing in his head.
“I do accept there was an element of provocation,” he said, “although you should have been big enough to walk away.”
Referring to the role alcohol played in the assault, Sheriff Mann said it appeared to be a case of “when the drink is in, the wit is out”.
He fined each £800, reduced from £1,200 to reflect their early guilty pleas.
MEANWHILE, a 47 year old man who admitted assaulting his partner in their home has been given a one-year community payback order and told to carry out 60 hours of unpaid work.
Kevin Leslie, of Dale Park, Scousburgh, Dunrossness, admitted carrying out the assault on 5 March.
Defence agent Allan said Leslie had voluntarily referred himself to the ‘Respect’ programme – designed to change the behaviour of people with violent tendencies – prior to the incident taking place.
Leslie had appeared to be doing well with the course, so the incident was “very much a setback”. Allan said: “There’s still more work to be done, but things seem to be going in the right direction.”
Sheriff Mann told Leslie it was “disappointing you have appeared before me again”, and it was clear that alcohol was “a bit of a problem to you”.
However “as far as I can tell there is no previous in this sense of domestic abuse”, the sheriff said, warning Leslie that if he does not comply with the community payback order he could be jailed for up to three months.
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