An Angus man who assaulted his one-legged neighbour by knocking him to the ground and dislodging his prosthetic leg had his sentence deferred for good behaviour when he appeared at Forfar Sheriff Court.
The court heard James Fenton, 50, of Fergus Square, Arbroath, assaulted Jeffrey Heenan on August 26 2017.
Depute fiscal Bill Kermode told the court Mr Heenan was disabled after losing a leg in a car accident seven years ago, and since then had used a prosthetic leg.
Fenton had suffered a brain injury in 1981 as the result of a motorcycle accident and on the night in question was under the influence of alcohol.
Mr Heenan was in bed at 8.30 pm when he heard shouting and swearing, the court was told.
Mr Kermode said: “He was worried for his neighbour, Mr Cameron.
“He put his prosthetic leg on and made his way to Mr Cameron’s address where he encountered the accused.
“Mr Cameron told the accused to calm down as there were children trying to sleep. Mr Heenan tried to reason with the accused.”
The court heard Fenton pushed Mr Heenan on the head and body which caused him to fall on the ground.
Mr Kermode continued: “The accused placed his head on the witness and pushed him, causing him to fall backwards, dislodging his prosthetic leg in the process.
“His stump was exposed and made contact with the ground, causing great pain.
“He struggled to get up, he was shaken and in pain as a result of his fall.
“He had slight injuries with a small graze on the end of his stump of his right leg and on the end of his nose.
“He attended the minor injuries unit, had his wound cleaned up but was unable to wear his prosthetic leg for two to three weeks
“He was also given a course of antibiotics.”
Defence solicitor Mr Billy Rennie told the court his client had been admitted to Carseview Hospital in Dundee immediately after the incident.
“He understands what he has done but can’t explain it.
“He has had terrible health problems from a brain injury from the 1990s,” the solicitor added.
“He does not see much of his complainers, they are his neighbours.
“He very much regrets this. He apologises for it and can’t quite explain it.”
Sheriff Jillian Martin-Brown noted the accused had spent four or five months in Carseview.
She deferred sentence for four months for an update on his mental health and for him to demonstrate he can be of good behaviour.
Fenton will return to court on August 9.
