An Arbroath criminal has been convicted of a life-endangering stamp attack which left his victim in hospital for a week.
Charles Gardiner was spotted by neighbours subjecting his victim to a violent attack on Strathairlie Avenue in Arbroath which continued even after the man fell unconscious.
The victim spent seven days in hospital before leaving against the advice of doctors.
Gardiner, who denied taking part in the concerted assault, was traced on the same street and told police the injured man “pulled blades and knives.”
He was found guilty by jurors who rejected his claim.
He will be sentenced in June, having been warned his conduct “would normally attract a custodial sentence.”
Week in Ninewells Hospital
After a three-day trial at Forfar Sheriff Court, the jury of eight men and seven women convicted Gardiner, of Arbroath, by majority.
They found that the he assaulted John Stuart by repeatedly punching and kicking him on the head and body and repeatedly stamping on his head.
Mr Stuart was taken from the scene to Ninewells by ambulance.
He arrived just before 10pm on August 23 2023 with a “reduced” level of consciousness.
He was found to have bruises and cuts to the back of his head, bruising and abrasions around his pelvic area and bruising around his left eye.
Mr Stuart was assessed in the emergency department’s observation unit.
He spent a full week in hospital before discharging himself against medical advice on August 29.
Gardiner, 41, was traced by police at Strathairlie Avenue just before 9.25pm.
After he was taken to West Bell Street HQ, he told officers: “He pulled blades and knives, I’ve got witnesses.”
Attack ‘would normally attract a custodial sentence’
Solicitor Ian Houston asked jurors to find that his client was not part of the assault.
Prosecutor Sarah Wilkinson told jurors: “Stamping on an unconscious man’s head – it should be apparent that is to the danger of somebody’s life.”
Jurors agreed that Gardiner’s attack, carried out with another person, left Mr Stuart injured and put his life at risk.
At the time, Gardiner was on bail.
After first appearing in court in connection with the attack, Gardiner spent a week on remand before being liberated.
His co-accused Connor McGregor was found not guilty before jurors began deliberating.
After the verdict had been returned, Ms Wilkinson explained the conviction was Gardiner’s 13th for assault.
Sheriff Jillian Martin-Brown deferred sentencing until June 12 and ordered background reports.
She said: “Given that you’re currently on a community payback order, I require to obtain a report.
“As you’ll probably be aware, an assault of this nature would normally attract a custodial sentence.”
In 2017, Gardiner was jailed for 22 months for a domestically-aggravated breach of the peace.
Three years earlier, he was jailed for stashing £7,000 worth of heroin.
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