A MAN from Lerwick who assaulted his partner on Boxing Day last year has been placed on a community payback order.
Charles Holmes, of Gilbertson Road, previously admitted assaulting the woman at an address in Da Vadill, Lerwick, repeatedly pushing her to the floor and into items of furniture and punching her on the head to her injury.
The 36 year old also pleaded guilty to shouting, swearing, behaving aggressively towards the woman, making threats and brandishing bottles at the same location on the same day.
The charges stated that it would be proved in terms of section one of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 that the offences were aggravated by involving abuse of his partner or ex partner.
Procurator fiscal Duncan Mackenzie said arguments had taken place in the early hours of the morning, with things “escalating” before Holmes pushed her to the ground on several occasions with both hands.
She was trying to push him away but he was getting “in her face”.
Holmes pushed her into a sitting room unit, the fiscal said, and brandished two bottles at her.
Mackenzie said Holmes told the woman that he would “put you in the ground” if she didn’t get out of his way.
The police arrived and Holmes was apprehended. The woman suffered “quite a lot of bruising” and needed an overnight stay in hospital for observation.
Defence agent Tommy Allan said a large amount of alcohol had been consumed and added that “things got out of hand”.
He said his client was trying to leave the building, but Holmes accepted he shouldn’t have acted in that way.
The solicitor said as background that Holmes had grown up in a “rough area” and had witnessed gang violence, including the death of friends.
Sheriff Ian Cruickshank said the offence was too serious to be dealt with only by imposing fines. As a direct alternative to custody Holmes was placed under supervision for 12 months and given 100 hours of unpaid work to complete.
Meanwhile, another man was also given a community payback order at Lerwick Sheriff Court on Wednesday for a domestic assault.
Denis Zalekesin, of Hoofields, Lerwick, previously admitted assaulting his wife at an address in Endavoe, Scalloway on 21 January, seizing her by the body and butting her on the head with his head to her injury.
Procurator fiscal Duncan Mackenzie said the 40 year old’s wife had returned home after seeing friends and was “fed up” with Zalekesin’s drinking.
He then assaulted her after she went to the toilet. He left her with a “significant lump on her head and unsightly bruising,” Mackenzie said.
Defence agent Tommy Allan described his client’s actions as “abhorrent”, but he said Zalekesin had been taken away from his family home and has been unable to return to work.
“The effects on him continue to be quite devastating,” the solicitor added.
Zalekesin also previously pleaded guilty to breaching a bail condition by contacting and attempting to contact the woman on 22 February and on 3 March at an address in Scalloway and at the Islesburgh Community Centre in Lerwick.
Mackenzie said the breaches of bail related to a call Zalekesin made to the woman, which wasn’t picked up, and a comment he made while collecting their children.
Allan said either Zalekesin accidentally called her – or his mother or aunt did – and in the other breach he “expressed his dissatisfaction” verbally after one of his children didn’t want to visit him.
Sheriff Ian Cruickshank noted that Zalekesin had a previous conviction for assaulting the same woman and said the court needed to view it as a “serious matter”.
The sheriff placed him under supervision for nine months and gave him 80 hours of unpaid work to complete, with the order due to be reviewed in three months.
Sentence was deferred on the bail breaches until 6 June to allow Zalekesin to be of good behaviour.
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