A gang who carried out a life-threatening attack in Dundee city centre have been given community sentences after a sheriff was urged to follow guidelines for young offenders.
Victim Garry MacNair was left lifeless in the street after being dragged to the ground, stamped on and then booted in the head when he was already unconscious.
Cortez Cuthbert and Jay Thomson, both 22, and 24-year-old Christopher Robertson – all of Dundee – admitted ganging up on Mr MacNair more than three years ago.
Sheriff Alistair Carmichael allowed all three to avoid prison after being reminded to follow guidelines demanding alternative sentences for young criminals.
Robertson was placed under supervision for 24 months and ordered to carry out 180 hours unpaid work.
Thomson was placed under supervision for 12 months and told to complete 180 hours unpaid work.
Cuthbert has to carry out 120 hours unpaid work and was placed under curfew for three months.
Brutal city centre attack
Dundee Sheriff Court previously heard how the trio set upon Mr MacNair in Reform Street shortly before 6.30 pm on June 7 2020.
It was two months after Thomson punched a member of Mr MacNair’s family in an unprovoked assault in Lochee.
They chased Mr McNair and Cuthbert hurled him to the ground, where Thomson kicked him on the body.
Robertson stamped on Mr MacNair’s head.
He was pushed away by the victim’s partner but returned to kick him in the head again.
Mr MacNair had stopped defending himself and is thought to have been already unconscious.
Robertson was eventually pulled away by one of his accomplices.
The attack was captured on mobile phone footage filmed from an upper-storey window overlooking the scene.
Sentencing guidelines followed
Robertson admitted endangering the victim’s life, while the others admitted assault.
Thomson also admitted attacking Mr McNair’s family member on April 7 that year.
At their sentencing hearing on Thursday, solicitor Ross Bennett, for Robertson, said: “I would ask the court to take cognisance of the sentencing guidelines as he was only 20 at the time.
“There has been a low burn with his maturing.
“He has not got into so much trouble in recent years.
“He recognises this was a serious matter he should not have got involved in.”
Sheriff Alistair Carmichael said: “I will take into account a number of things, including that you were all young in years at the time of this crime.
“This was a very bad crime.
“On the main charge, particularly Christopher Robertson, it was perfectly clear you returned to kick the complainer on the head when he was defenceless.”
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