Court / Man given ‘heavy penalty’ after admitting offences

A MAN has faced a “heavy penalty” after pleading guilty to assaulting a woman before failing to give breath samples to police over suspected drink driving.

Andrew Budd, of Pitt Lane, Lerwick, was fined £500 for the assault charge and was ordered to pay £400 in compensation.

The 49-year-old was also disqualified from driving for 15 months and fined £400 for refusing to give breath samples.

Procurator fiscal Duncan Mackenzie told Lerwick Sheriff Court on Wednesday that Budd and the woman were in a relationship and had returned to the woman’s home in the town after a night out on 9 March.

“For some reason he was in a bad mood,” Mackenzie said, adding that Budd was talking to himself and muttering comments about her.

“She asked him to leave, and that infuriated him,” the fiscal continued, adding that the woman slapped him on the head to try to create distance between them.

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The court heard Budd then grabbed hold of her by the neck and pushed her into a door, with the woman falling to the floor. Mackenzie said there was no compression on the throat.

He told the court that the woman received a cut to the head, which needed attention in hospital, and bruises to her arms.

Budd then left and got into a car, but by chance the police spotted him and were concerned about the manner of the driving.

Police carried out a welfare check on the woman following comments made by Budd, who had failed a roadside screening test and was taken to Lerwick Police Station.

But Mackenzie said Budd “point black refused to comply” with breath tests when he got to the station. The court heard that Budd told police officers he would just “fail either way”.

Defence agent Gregor Kelly said the woman had written a letter which said she does not feel threatened or scared by Budd and that the incident was “out of character”.

It was also said in court that Budd felt “extremely ashamed” of the offence.

Kelly said the pair had been drinking before returning home where an argument sparked up, and added that Budd had made a “rash decision” to get into the car.

Sheriff David Harvie said the idea Budd was acting in self-defence was “nonsensical” given the context and said if someone is asked to leave a house “you go as soon as you’re asked”.