A man who shouted sexually offensive remarks near a primary school has avoided a jail term, despite being told there appear to be “no workable alternatives” to custody.
Mark Wilson, 40, now of Kirkland Walk in Methil, previously admitted behaving in a threatening or abusive manner near to Rimbleton Primary School on May 23, telling one woman he had a “licence to kill” before saying he could “lick” and “smell” her.
Wilson then launched into a vulgar tirade of violent threats and sexual remarks as adults and children were passing by in Bilsland Road and Laxford Road in Glenrothes, before police were called and he was detained a short time later.
Appearing at Kirkcaldy Sheriff Court, Wilson was told he would be sent to prison if he offends again, as Sheriff Alasdair Thornton deferred sentence on him for good behaviour and the preparation of further reports.
The court heard how Wilson had been suffering from mental health problems, with defence solicitor Christine Hagan saying her client’s outburst had been made worse by the “stress and anxiety” of his accommodation being moved by Fife Council and the consumption of alcohol.
Ms Hagan said her client had been “quite uninhibited” on the day of the offence as a result, but added that Wilson was remorseful and had a “good insight” into what he had done.
The court previously heard how Wilson appeared to be shouting at a female pushing a child in a buggy, leaving the woman visibly upset.
A social work report suggested there appeared to be “no workable alternatives”, in the words of Sheriff Thornton, to custody, but the sheriff said he was “hopeful” a period of deferral might change that.
“I will say to you now though, that if you were to offend again or the situation doesn’t change, then my available options will be limited to such an extent that it would be unavoidable you will be sent to prison,” he told Wilson.
Sheriff Thornton deferred sentence until November 6, at which point he will consider whether or not he feels there was a sexual element to the offence and therefore a need to place Wilson on the sex offenders register.
Fiscal depute Nicola Henderson argued that the Crown believes there was a “significant” sexual element to Wilson’s crime, but Sheriff Thornton wants to hear arguments from both sides when the case calls again.