A Dundonian who flashed at police in a gender row and hurled pizza and a skateboard during a series of public order offences has appeared in court having been charged as both a man and a woman.
The 50-year-old was put on a Restriction of Liberty Order for three months as a result of offences committed as both Alan and Alannah Morgan.
Morgan, of Strathmore Lodge, Dundee, was sentenced in relation to four separate complaints – two as a man and two as a woman.
The accused, who has a long list of previous convictions, was addressed as Alannah Morgan during an appearance in the dock at Dundee Sheriff Court.
Sheriff Alistair Carmichael said the accused could have been jailed but placed Morgan on a tag for three months to cover all the cases.
Morgan must remain indoors between 7pm and 7am each day.
The sheriff said: “The combination of these offences puts this at the custodial threshold, so it would be worthy of a prison sentence but I’m obliged to look at alternatives.”
Four offences
Morgan appeared on public court rolls on Wednesday as “Alan aka Alannah Robert Morgan”.
Charged as Alannah, Morgan admitted acting in a threatening or abusive manner in the city’s Happyhillock Road by striking a floor and screaming on February 24 last year.
On the same complaint, Morgan also admitted having a knife, shouting and swearing and referring to a person in derogatory terms and uttering threats in April 2021.
On the second complaint as a woman, was an admission of acting in a threatening or abusive manner in Nethergate, Dundee, on April 24.
Morgan admitted shouting incoherently and indiscriminately throwing slices of pizza around the street and causing distress by urinating in public.
As Alan, Morgan was charged with acting in a threatening or abusive manner and adopting an aggressive demeanour while making derogatory remarks to police in the city’s Brewery Lane on January 3 this year.
Morgan admitted the offence, which took place when already subject to an anti-social behaviour order.
A handwritten amendment to court papers had been made in this case to score out Alan and replace it with Alannah.
In the final case, Morgan admitted acting in a threatening or abusive manner in Brewery Lane on March 23 this year, repeatedly throwing a skateboard around and kicking bins, shouting, swearing and making offensive remarks to police in the back of a vehicle and at police HQ in Dundee.
Morgan also admitted striking a cell door, spitting and flashing at police while in the cell.
On a previous court appearance, Morgan’s solicitor said his client’s genital exposeure was not a sexual act but was “a demonstration” in an argument about gender.
“As I understand it, she has transitioned her gender.
“It’s been difficult, remanded at Cornton Vale.
“She’s been kept in isolation. I’m not entirely sure why.
“There are issues with these things.”
Fear of return to prison
At Wednesday’s sentencing hearing, solicitor Jane Caird, defending, said her client had been considered unsuitable for community work by social workers due to a number of health issues.
However, she urged the court not to jail Morgan because of extreme distress at the prospect of being sentenced to a prison term.
She said: “The report confirms she is still doing well and engaging with various services including the community mental health nurse and the Salvation Army.
“Her key worker is assisting her in various areas of her life.
“She has been assessed as unsuitable for supervision.
“Her behaviour at times can be unpredictable.
“I’m asking the court to deal with it without sending my client to custody.
“She is extremely fearful of that and feels it would put her ten steps backwards.”
