Fiscal Nadine Dormer told the court that 20-year-old Lee Spence, of no fixed abode, who is currently serving time for another offense, demanded to be let into a flat in Bishop Street, which belonged to one of his friends, at 7.45pm on September 7 of last year.

After the female occupant refused to let him he left, only to return a short time later.

"He lifted a brick from the ground and threw it at an open window of the property," said Dormer. "The woman heard a thud and thought her baby had dropped her bottle.

"She saw the brick lying inches from the cot bed and grabbed the child and the brick and made her way downstairs."

The court heard she went outside to confront him and slapped him in the face.

Spence then pulled her into the house and began to punch and kick her in front of her other six-year-old child.

Two men then came to the woman's assistance and he fled the scene.

Spence's solicitor, Jim Hannay, told the court the people living at the flat were known to his client, and that he had stayed there before.

"On that day he had been there earlier on and went for a drink," said Hannay. "He was not aware that anyone was in the room at the time.

"He tried to get in again and she came out and give him a good old whack around the head. As a result of the slap he reacted and assaulted her."

Mr Hannay pointed out his client had admitted the charges almost immediately and asked Sheriff John Herald to consider giving him community service instead of a custodial sentence.

But the sheriff instead sentenced Spence to four months imprisonment on a reckless conduct charge, involving the throwing of the brick, and for a further six months for what he called a 'cowardly assault' on the woman.

Spence was also jailed for a further four months for a breach of the peace incident, to be served concurrently with his previous conviction.

The breach took place outside the Three in One takeaway shortly after 10pm on June 6 last month.

The court heard police were called and he was found at a public house in Gallowgate where he became abusive towards the officers after they confronted him about the incident.

"There was a fair amount of alcohol taken in both occasions."

FAILED BREATHALYSER

A LOCAL man was fined £500 and banned from driving for 18 months on Monday after pleading guilty for driving while over the alcohol limit.
The court heard David McIver, address given 43, Argyll Place, Rothesay, was stopped by police on June 25 at 2.35pm on Russell Street after they noticed him driving very slowly and in an erratic manner.

Once they had stopped him, officers said he seemed to be deliberately taking slow breaths to offset the machine.

Sheriff Herald said he was concerned by the fact it appeared he had been previously convicted for a similar offence in 1997.

If he had committed the offence within ten years of the previous conviction, he would have received a mandatory three-year ban.

"But you're only just out of that by about a year and a half. And it is the second one that gives me concern.

"I fine you £500 and taking into account you have contravened this road traffic laws I give you an 18 month disqualification."
McIver said he would pay the full amount of the fine within the next month.

"I just truly regret what I have done," he told the court.


BAIL TRANSGRESSIONS

A ROTHESAY man was sentenced to four months in prison for committing a series of offences - including breach of the peace and shoplifting - whilst on bail.

The court was told that Shane Marshall (21), address given Flat 3, 1-5 Russell Street, Rothesay, went to visit his ex-partner - whom his bail conditions banned him from approaching - shortly after midnight on June 4 at her residence on the High Street.

When she attended the door and realised who it was she asked him to leave.

As she tried to close the door, he jammed his foot in doorway telling her he just wanted to talk her. After pushing him away from the door and locking it, Marshall left, only to be found loitering outside the flat fifteen minutes later shouting and swearing.

She then ran to Rothesay police station to report the matter, and a short time later Marshall was arrested for breach of the peace and for breaching bail conditions after finding him in his close on Russell Street.

Marshall's solicitor, Jim Hannay, told the court the woman was expecting Marshall's child and he wanted to talk to her about the baby.

"He came to the house and made a bit of a nuisance of himself," he told Sheriff Herald. "I can only put it down to the fact that after the last visit he'd had a bit to drink."

Marshall also appeared for a shoplifting charge for stealing a quantity alcohol worth £6,50 on May 14 from an off-licence in Guildfords Square - only hours after he had been released on bail from Greenock Sheriff Court.

"What immediately strikes me with this offence," said Sheriff Herald," is that you committed it the same day as you left my court on bail."

Marshall was sentenced to 60 days for the theft and given two 2 month sentences for the breach of the peace and breach of bail conditions, the latter terms to be served concurrently.

UNEXPECTED NEWS

A LANARKSHIRE man who shortly became the proud father of a little baby girl just before appearingat Rothesay Sheriff Court, was admonished by Sheriff Herald after pleading guilty to a breach of the peace.

Stephen Edmundson (38), from Belshill, was on the island visiting his ex-partner on June 6 to discuss the arrival of their soon to be born child.

Fiscal Dormer told the court the incident happened at around 10.40am after the couple got into an argument.

Edmundson was asked to leave and he was walking away from the house he punched a windowframe. She became fearful for her safety and dialled 999.

Jim Hannay, defending, told the judge that in a statement to the police Edmundson had said: "I had no intention of upsetting anyone."

"First of all Mr Edmundson thank you for coming," said Sheriff Herald. "There are other ways of sorting this out Mr. Edmundson.

"You have already come here from Bell's Hill, so as far as I'm concerned you're admonished and are free to go."

After thanking the judge, Edmundson informed the court he had just become a father - earning him the sheriff's congratulations as he left.