A brute who bit a chunk out of a neighbour’s ear during an “animalistic” assault has been spared a prison sentence.
Ryan Robertson’s shocking attack on Darren McKay unfolded in front of children on a summer’s morning in the Fintry area of Dundee.
The 31-year-old claimed he acted in self-defence by putting Mr McKay in a chokehold before sinking his teeth into his ear.
However, in March, a sheriff dismissed the story and found Robertson guilty of assaulting him to his severe injury and permanent disfigurement.
Mr McKay’s partner, Courtney Stewart, described the attack as “animalistic” and “premeditated”.
“I am wholly satisfied that Mr McKay and Ms Stewart were credible and reliable and the accused falls to be convicted as I reject his evidence as self-serving and wholly unconvincing,” Sheriff Tim Niven-Smith said.
Robertson returned to court last week for sentencing and was made subject to a restriction of liberty order for three months.
The order, made as a direct alternative to custody, will keep him indoors between 9pm and 7am.
Feud spilled over
The court heard how a feud between Robertson and Mr McKay had been brewing for weeks before an argument unfolded near the communal bins on the morning of July 23 2024.
Mr McKay told the court: “He started running at me.
“He started throwing punches and obviously I had to defend myself by punching him back.
“We were scuffling about for a bit. When we got onto the floor he started to choke me first.
“He put me in a sleeper hold and said ‘I want to f*****g kill you’ or something like that. I couldn’t breathe.”
Robertson then bit Mr McKay’s right ear before letting go.
Mr McKay received stitches and endured three months’ worth of injections to prevent the contraction of blood-borne viruses.
“I would say I’m pretty damaged from it,” he added.
“I have not had an easy life but nobody needs that. It’s permanently damaged.
“It’s a vicious attack. It’s disgusting.”
Mr McKay’s ear was inspected by the sheriff who asked him to leave the witness box and approach the bench.
‘Feared for life’
Robertson claimed in his evidence he tried to leave his home after fearing he would be attacked by Mr McKay.
He claimed to have been “jumped” by more than a dozen people in a Dundee nightclub a few months earlier.
He said: “I stay in my house all the time and don’t really leave my house.
“I just wanted to go because I knew something would end up kicking off.
“He started to run towards me. He starts throwing punches.
“Me and him start rolling on the ground.
“I feared for my life. I wanted him to get off me and to leave us alone.”
The Grampian Gardens resident was found guilty of assault to severe injury and permanent disfigurement.
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