A Carnoustie man who assaulted another male as he lay unconscious after an altercation outside a Dundee strip club has avoided a jail term after a sheriff ruled he was provoked.
Robert McGregor, of Westfield Place, admitted severely assaulting Leno Sardella after knocking him unconscious in Ward Road last August.
Moments before the assault, McGregor was headbutted by Mr Sardella in the doorway of Private Eyes in Rattray Street, an incident caught on CCTV.
The 37-year-old offshore worker walked free from court on Friday with a community payback order after Sheriff Alastair Brown said Mr Sardella’s headbutt amounted to provocation.
The court heard previously that the two men were standing outside the club shortly before 2am when Mr Sardella approached McGregor and headbutted him, causing him to fall and hit his head. McGregor had then followed Mr Sardella on to Ward Road.
Depute fiscal Eilidh Robertson told a previous hearing: “The complainer turned and walked towards him and was seen to be gesticulating towards the accused, who walked away back towards the club.
“The complainer walked towards him again and the accused ran up to him and punched him on the head, causing him to fall against the building next to him and on to the pavement.
“The accused then kicked him on the head repeatedly while he was on the ground. The accused continued to kick Mr Sardella on the head and body, then in the face. This kick rendered him unconscious but the accused then kicked him twice on the body and punched him twice on the head while he was unconscious.”
Billy Rennie, defending, said: “Without the headbutt on him and the verbal taunts and threats, none of this would have happened.
“He reacted to a situation brought upon him while he was having a good night out. He accepts he lost control and he accepts remorse and genuine regret for his actions and potential consequences.”
Sheriff Brown said: “This was a rather serious assault. There was nothing wrong with what you did between Sardella’s completely unprovoked assault on you until you chased him.
“However, you kicked him on the head while on the ground more than once. Please understand, this is an extremely dangerous thing to do. I have known one kick to the head to kill.
“However, what happened was brought about by Mr Sardella and I regard what you did as under provocation.
“If I send you back to prison, it will have a catastrophic effect on you, your employment and your family.
“I came on to the bench this morning thinking I was going to send you to jail for two years. You will complete 300 hours of unpaid work and understand that this is a direct alternative to custody.”