A Fife landscaper who choked his partner in two separate attacks has been jailed.
Scott Johnstone appeared in court for sentencing after earlier pleading guilty to the assaults, which took place in Glenrothes on January 1 2022 and February 12 last year.
Kirkcaldy Sheriff Court heard Johnstone was convicted in 2019 for a hamesucken offence – assaulting someone in their own home – in which he attacked another former partner.
Repeat offender
Sheriff Timothy Niven-Smith pointed out the 28-year-old he has a propensity to assault people with whom he is in a relationship.
The sheriff said: “The author of the (social work) report carried out research and on that occasion (2019), you forced your way into your then-partner’s house and you left bruising on her throat.
“The court needs to take a serious view of those who assault partners in a domestic setting”.
Sheriff Niven-Smith told Johnstone he had previously been given the chance to avoid jail through community disposals but added: “Clearly, you did not learn your lesson and have a problem with violence towards your partners”.
The sheriff noted Johnstone has three previous assault convictions, including two which were domestically-aggravated, and therefore custody was “inevitable”.
He handed him 20 months in prison and imposed a five-year non-harassment order to protect his victim.
Terrifying attacks
Johnstone, formerly of Jenny Gray Place, Lochgelly, was visibly displeased by the sentence and placed his head in his hands before being taken away.
The court heard previously his victim thought she would lose consciousness in the first attack and told police she was “worried she would die”.
Prosecutor Christine Allan said on the second occasion the woman was “screaming for help”.
On both occasions Johnstone choked his victim for about ten seconds, the fiscal said.
Defence lawyer Steven Gleeson had argued for a non-custodial sentence involving offender supervision and participation in the Caledonian men’s programme for domestic violence.
He said Johnstone either does not remember or has vague memory of committing the assaults but accepts responsibility for his actions.
The solicitor said Johnstone runs his own business and has been working on a contract in Dumfries, with the intention to keep working there.
He highlighted his client was subject to a bail curfew between February and December last year which he had not breached and, in effect, this was equivalent to a ten-month curfew order.
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