A HELENSBURGH man who carried out a vicious assault outside a pub in Arrochar has been spared a prison sentence.
Arran Macdonald – who told his victim he would “put him to sleep” – will instead have to stay within his home in Baird Avenue every night until early June as a punishment for the attack.
Macdonald, 25, appeared in court for sentencing on Friday a week after his solicitors were given time to consider their position with regard to a potential plea in mitigation.
On his previous court appearance, the solicitor acting for Macdonald said his client had been provoked by offensive remarks made about his mother by the victim of the attack.
But at Friday’s hearing Macdonald’s lawyer, Tom Brown, said his client now accepted that his behaviour was “not justified in any way”.
Fiscal depute Emma Thomson told Dumbarton Sheriff Court the incident happened outside Ben Arthur’s Bothy in the early hours of July 16 after Macdonald and his victim had spent the evening in the pub.
Ms Thomson told the court Macdonald had approached his victim after they left the premises and had grabbed him by the throat.
She said: “The accused dragged the complainer down a driveway and swept his feet away from him, causing him to fall.
“The complainer suffered cuts and bruises. The accused shouted “I’m going to put you to sleep”.
“Several persons who had been within the pub heard this and assisted, dragging the accused off the complainer. The accused made off in an unknown direction. The complainer made off to a B&B nearby and contacted police.”
Officers eventually traced Macdonald to his home address in Helensburgh later that day, but on being told by police why they were there, Macdonald became irate and shouted “f*** youse c****” before thrashing about in an attempt to resist arrest.
Ms Thomson said Macdonald had struck one police officer in the eye with his elbow, hit another on the lip and a third on the leg as he struggled violently with them.
Mr Brown said: “His behaviour was not justified in any way and he accepts that.
“He says there was some comment made by the other party about his mother and that was the spark. But he understand’s that’s not the way to behave.”
Mr Brown said Macdonald was the subject of a separate community payback order, on which he had carried out 100 hours of unpaid work, and asked for further unpaid hours to be imposed as a punishment.
“He has a record which is not one to be proud of,” Mr Brown added.
But instead of imposing further unpaid hours, Sheriff John Hamilton put Macdonald on a restriction of liberty order, under which he will have to stay at his Baird Avenue home from 7pm to 7am every day until early June.
The sheriff added: “There’s nothing more to be said about your conduct. But if you don’t comply with the order, custody will be at the forefront of the court’s mind.”
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