News / Sentence deferred for good behaviour
A MAN from Lerwick who admitted behaving in a threatening or abusive manner towards his ex-partner at the weekend has had his sentence deferred for good behaviour.
David Miazek, of Hjaltland Place, appeared from custody at Lerwick Sheriff Court on Tuesday to admit to shouting and swearing at the woman at an address in Lerwick on Sunday.
The 35 year old also demanded entry to her home and repeatedly banged on her doors and windows.
The charge says it will be proved in terms of section one of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 that the offence was aggravated by involving abuse of his partner or ex partner.
Procurator fiscal Keith Adam said Miazek – who had been in an on-off relationship with the woman for around ten years and had lived with her – became “intoxicated” in the house in the afternoon.
At around 10pm an argument ensued and Miazek was asked to leave. He collected some belongings and shouted and swore at her before leaving, with the door then locked.
The fiscal said the 35 year old returned to the house for more of his belongings and was refused entry before the police were called.
Defence agent Tommy Allan, however, said his client had a different version of events.
He said Miazek had been doing housework upstairs while the victim and her friend drank downstairs, with the man only joining them later.
The solicitor said his client accepted that “old baggage” was brought up which started an argument.
Miazek then said he would leave and phoned a friend to come and collect him, Allan said. As he put some of his belongings in the vehicle, he was locked out and tried to get back in.
The defence agent suggested to honorary sheriff Malcolm Bell that deferring sentence for good behaviour would allow the pair to sort out their domestic situation.
Bell agreed to defer the case until 20 December and released Miazek on bail.
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