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Thursday, 11th March 2010

Rothesay sheriff laments sentencing power

Assault pair given community sentences

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Published Date:
23 April 2008
A SHERIFF admitted that he found himself "in a difficult situation" when faced with the task of punishing two Rothesay men at the town's sheriff court on Monday.
Gavin McLean and Brad Davies appeared for sentencing after being found guilty in a trial on March 3 of assaulting a man by repeatedly punching him on the head and body, to his severe injury, in an incident in Mill Street on October 21 last year.

But because the case was brought under summary, rather than solemn, procedure, Sheriff Derek Livingston, who had found the pair guilty, admitted that his sentencing powers were limited.

Solemn procedure would have seen the case take place on an indictment, with a trial in front of a jury, and stricter sentencing powers available in the event of the accused being found guilty.

Said the sheriff: "In my view this is a nasty case which should have been brought on indictment. The maximum custodial sentence I can give you is only three months, and you would probably be out after six weeks.

"You assaulted a man and left him lying in the road where he could have been killed by a car. I want you to have longer than six weeks to reflect on this so I am going to impose a sentence which will give you time to do so."

McLean (19), address given as 6F Dewar Avenue, and Davies (20), of 135L High Street, were each sentenced to 18 months' probation and a hundred hours of community service.

Derek Buchanan, defending Davies, said his client had "a strong work ethic" and wanted to join the army, prompting the sheriff to observe: "If you can do this with your hands and your feet, I shudder to think what you will do with a gun.

"Your plans to join the army may be delayed by your probation."



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  • Last Updated: 23 April 2008 3:59 PM
  • Source: The Buteman
  • Location: Isle of Bute
 
 

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