A Forfar man who saw the “red mist descend” after a friend stole his infant daughter’s piggy bank has been jailed for six months.
Keiran Davidson, 27, of Viewmount, had admitted breaching a Community Payback Order placed on him following an assault in the town’s Post Office.
He was jailed at Forfar Sheriff Court after “choosing work” over unpaid work imposed on him in September 2017.
Fiscal depute Stewart Duncan told the court that at 6.10 pm on March 29 2016, staff at the Post Office in East High Street, Forfar, saw Michael Smith enter in a “distressed state”, followed by Davidson.
“A struggle ensued and the complainer was thrown to the ground.
“The accused punched him on the head and shoulder and stamped on his body four times. The complainer tried to protect himself – all this was captured on CCTV.”
Defence solicitor Billy Rennie told the court his client lived at home with his two young children; the younger had “significant health problems.”
Smith, who was from a troubled background, had been taken in by Davidson’s partner who was supporting him in a “parental role.”
“She had given him a very supported position in the house. He was treated as part of the family.
“The catalyst for this was he stole the daughter’s piggy bank, which had somewhere in the region of £200 in it, which was being saved for the child.
“When Davidson saw him he reacted, the red mist had descended, he does not hide from the responsibility of this offence. It was a complete reaction.”
He said his client was now working in a call centre in Dundee and had recently been promoted.
“Custody brings down his fledgling career. It is not the case that he has refused to do his community payback order, he has been doing things for his family.
“This is the best job he has had.
“This is an opportunity to give him a final chance.”
Sentencing Davidson to six months in prison, Sheriff Lindsay Foulis told the court Davidson had a record of breaching Community Payback Orders.
He said: “This is a serious offence.
“Community Pay Back Orders are made as an alternative to custody. By this time you should have completed at least 110 hours, but you have ignored the order which was imposed on you last September and have gone on your merry way and have chosen work rather than pay back.
“If Community Pay Back Orders are going to have any meaning at all, if you breach them then the order can be revoked. I sentence you to six months in prison.”
