A Kirriemuir man whose single punch left a man paralysed and in a wheelchair for life has been jailed for more than two years.
Steven McIntosh previously admitted the life-endangering assault and returned to the dock at Forfar Sheriff Court to be told he had caused the “highest level” of harm despite it being unintended.
McIntosh, of Henry Street in Kirriemuir, pled guilty to assaulting John Garvin on April 29 2022.
He admitted an amended charge of attempting to strike him on the body and punching him on the head, causing him to fall backwards and strike his head on the concrete pavement.
McIntosh admitted the Bank Street attack left his victim unconscious, severely injured and permanently impaired and put Mr Garvin’s life in danger.
Sentencing had been deferred for reports.
A large group of family members watched as he was locked up for 27 months.
Accused’s family will suffer
Solicitor John Boyle said: “There are of course always consequences of criminal behaviour.
“In this case, the consequences are particularly serious.
“Because of an incident that lasted a matter of seconds, Mr Garvin’s life is irreparably damaged.
“In his (McIntosh’s) own words, he has ruined this man’s life and the consequences of that short period of a loss of temper will stay with him for the rest of his life.
“He accepts, of course, that that is a small matter compared to the difficulties Mr Garvin now faces.
“The consequences will, of course, fall on Mr McIntosh but the consequences will perhaps fall more significantly on his family.
“Mr McIntosh’s is the main income for the household.
“If he loses his liberty today, his employment will fall and that will result in the loss of the family home.
“He appreciates given the injuries, custody is almost inevitable.”
‘Highest level’ of harm
Sheriff Krista Johnston reduced the sentence from 30 months due to the timing of his guilty plea.
She told him: “Cases such as this present a difficult sentencing exercise.
“On one hand, I can assess the culpability – your blameworthiness – as relatively low.
“You threw one punch, you can have had no expectation of the disastrous consequences of your actions.
“The resulting injuries far outweigh the nature of the assault but that is the risk faced by every person who throws a punch in anger.
“As a consequence, the harm you caused is of a nature rarely noted in this court. It is of the highest level.
“I accept that you’ve shown genuine remorse for what occurred on this occasion.”
Single punch after police report
Fiscal depute Sarah Wilkinson told the court McIntosh and Mr Garvin were known to each other prior to the incident.
She said: “The accused had reported the complainer to police in relation to matters involving the accused’s 17-year-old daughter.
“These were investigated by police and no criminality was established.”
She said McIntosh and his partner had been drinking in a pub in Kirriemuir on the fateful night.
They left at around 11.30pm and saw Mr Garvin.
McIntosh crossed the road to speak to him. CCTV shown in court showed Mr Garvin kept his hands in his pockets.
After Mr Garvin was pushed and punched, he fell backwards onto the pavement, cracking his head as he landed, losing consciousness.
When police attended, they noted McIntosh was genuinely remorseful and concerned.
He said: “He swung for me so I hit him.”
Life-changing consequences
Mr Garvin was taken by ambulance to hospital and admitted to the neuro high-dependency unity.
He was later admitted to the national spinal injuries unit at Queen Elizabeth Hospital in Glasgow.
There, injuries to the back of his head and a neck fracture from the fall were confirmed.
Mr Garvin was paralysed, predominantly in his limbs and his condition fluctuated after an operation so he was re-admitted to intensive care less than a week after the attack.
Doctors said patients in Mr Garvin’s condition have a high risk of mortality.
He had suffered renal failure and respiratory failure and despite having the maximum supply, his oxygen levels failed to improve.
He needed a breathing tube to be inserted for six weeks and had to be fed through a tube.
Mr Garvin is now a full-time wheelchair user and is fully dependent on others for personal care and domestic tasks.
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