A woman who battered her victim with his own bottle of stolen gin in a vicious Angus street attack has been sent behind bars.
Elaine Marney repeatedly hit Iain Connell on the head with one of two bottles he had swiped from an Arbroath bar which he then tried to sell to his attacker.
The 44-year-old accused had grappled in the street with her victim and told police: “He smacked my pus, what am I meant to do?”
CCTV which captured the unfolding incident was shown to Forfar Sheriff Court where 44-year-old Marney appeared for sentence after previously admitting the May 2019 attack.
Depute fiscal Michael Dunlop said Marney had been with a friend at the Anchor Bar in the Angus town when they were approached by Connell in his attempt to sell them the booze.
“The accused in turn attempted to sell him some tablets which she claimed to be valium,” said the fiscal.
“Witness Connell took umbrage, grabbed them and discarded them.”
Footage showed Marney and her victim grappling with each other on the road in Arbroath’s West Port.
They then turned into Millgate where Marney hit Mr Connell several times on the head with the bottle outside Bar 1320.
Mr Dunlop said the victim was then seen getting on a bus at nearby Arbroath bus station, bleeding heavily from the head and with his clothes covered in blood.
Mr Connell’s head wound required seven stitches.
Originally appearance on indictment
Marney originally appeared on indictment for the offence, but admitted assault to injury after an allegation she had caused her victim permanent disfigurement was removed from the charge.
The court heard it had been difficult to ascertain the exact extent of injuries caused by Marney since Connell had been involved in another altercation earlier that night for which he was prosecuted and required facial surgery.
Marney told police: “He smacked my pus, what am I meant to do?
“It’s self-defence – I’ll allow you to hit me once but that’s it.”
Defence solicitor Nick Whelan said: “She is clear that the complainer struck her and knocked her to the ground.
“Her position is also that there was never any transaction involving drugs.
“She suspects he had stolen the gin and that is correct.
“He was selling them for £10 and she had her money in her hand at the time.”
She wasn’t out looking for trouble, trouble came to her.
Defence solicitor Nick Whelan.
He added: “Her position is the complainer becomes violent, knocks her to the ground and the red mist then kicks in.
“There is no question what happens thereafter.
“She wasn’t out looking for trouble, trouble came to her and it was an impulsive act having been handed the bottle.”
Complainer was an “abslolute pest”
Sheriff Murray told Marney: “I take into account there’s a degree of provocation.
“You indicate that Mr Connell was being an absolute pest.
“What transpired afterwards is all down to you.
“The obvious step would have been to go back into the pub.”
The sheriff added: “While a man was down on the ground you hit him several times on the head with a bottle.
“Unfortunately there can be no alternative to custody for such an offence.”
Marney, of Albert Street, Arbroath, was jailed for 160 days.
