A Perth man who brutally assaulted suspected murder victim Ian Menzies 18 months before his death has been ordered to pay compensation to his family.
Darryn Calder, who has a history of violent behaviour, randomly attacked Mr Menzies at the city centre Sandeman bar nearly three years ago.
He punched him and threw him to the ground, before repeatedly kicking into him and stamping on his body.
A year-and-a-half later, Mr Menzies was found dead in his city centre flat, sparking a major police investigation.
His son is now awaiting trial, accused of murdering the 55-year-old by beating him to death with a hammer.
Calder appeared at Perth Sheriff Court, having previously admitted assaulting Mr Menzies on November 24 2019.
He was told he had narrowly avoided a prison sentence, largely thanks to lengthy delays bringing the case to court.
The 34-year-old was ordered to carry out 300 hours of unpaid work.
And he must pay £1,000 compensation to Mr Menzies’ family.
‘Violent, unpredictable thug’
Sheriff Gillian Wade told Calder: “This is the 11th time you have been convicted of assault.
“The victim on this occasion was a complete stranger.
“On the face of this case and your record, you are nothing other than a violent, unpredictable thug.
“However, since this offence in 2019 you seem to have gathered significant insight into your behaviour.
“To some extent, you have been a beneficiary of the delays that have result from the Covid pandemic.”
She said: “Be in no doubt, if I had been sentencing you in 2019, you would have been getting a custodial sentence – and a significant one.
“But two-and-a-half years have passed and you appeared to have addressed your alcohol and substance misuse issues, as well as your mental health difficulties.”
The sheriff told Calder sending him to prison would be a punishment for younger family members who rely on him.
Ex-partner ‘exacerbated’ situation
The court was told Calder, of Canal Street, had been at the Sandeman with a friend watching football that afternoon.
He snapped when his ex-partner came into the pub and snatched his phone.
Sheriff Wade heard Calder’s ex-partner had threatened to make a false allegation against him.
Calder attacked Mr Menzies as he tried to get his phone back.
The sheriff told Calder: “Your ex-partner exacerbated the situation.
“The allegation that she was planning to make against you was a very serious one indeed and I do place some emphasis on that.
“But your offending is very serious and needs to be marked as such.”
Apologies to the court
Solicitor David Holmes, defending, said the actions of Calder’s ex-partner “shook him to the core”.
“In the last two years, he has everything he can to become a positive member of society,” he said.
The sheriff was handed a letter from Calder’s mother, explaining he was sorry for his actions.
Family tributes
Mr Menzies died suddenly at his Scott Street flat in June 2021.
In a tribute released through Police Scotland at the time, Mr Menzies’ family said: “Ian was the best dad, grandad and brother in the world.
“He was caring, respected and loved dearly by friends and family. Words cannot express how sorely he will be missed.”
Son Craig Nixon was arrested in London a few days after his father’s body was found.
It was alleged Nixon repeatedly struck his father on the head and body with a hammer, or similar weapon, having previously displayed malice or ill-will towards him.
The 37-year-old was further accused of withdrawing money from Mr Menzies’ bank account, using his bank card, and fleeing to London in an effort to evade detection, arrest and prosecution.
Nixon, whose address was listed as ‘no fixed abode,’ made no plea and was remanded in custody.
