An Arbroath man who fled into the street with a kitchen knife after a festive row with his petrified partner has been spared a jail sentence.
Benjamin Irvine’s girlfriend had been so afraid she screamed out in the hope neighbours would hear the attack just after midnight, before managing to phone police herself.
Irvine was later caught near their home but compounded matters by kicking an officer after he had been handcuffed and put in the back of a police van.
Irvine, 24, of Leonard Street, Arbroath appeared for sentence before Sheriff Gregor Murray at Forfar having previously pled guilty to assaulting his partner at a house in Queen Street on December 28, having a knife in a public place, breaching the peace and assaulting a police officer by kicking him.
Depute fiscal Laura McGillvery said the couple had fallen out and Irvine approached the woman in an aggressive manner and pushed her with force, causing her to fall against a door.
“She ran into the kitchen and the accused followed. The complainer was feeling terrified and thought the accused was going to assault her.
“She screamed a couple of times hoping neighbours would overhear her, then phoned police, but the accused heard her doing that.”
“He went into the kitchen and picked up a silver knife. She tried to stop him picking it up but he pushed her against the kitchen door and then left the locus,” the fiscal added.
Police found the woman in a “highly distressed state” and at around 1.30 came across Irvine nearby.
Ms McGillvery continued: “They tried to engage with him but he was highly hostile.
“Police told him they were aware he had a knife and he threw it down in front of them.”
Irvine was placed in handcuffs but then kicked one officer’s lower legs after being put in the back of a van.
Defence solicitor Nick Markowski said: “He has an unfortunate background and has asked me to apologise to the court for his behaviour.
“This was a fairly short-term relationship and alcohol exacerbated the problem. Fortunately none of the officers or his partner were injured.”
Sheriff Murray told Irvine: “I make it clear to you that any court and any judge regards any offence which involves a knife as one which is potentially going to start with a custodial sentence.
“Assaulting a police officer makes that even more likely.”
Imposing a one year Community Payback Order with supervision, Sheriff Murray added: “A community sentence in your case is not going to be a lucky escape.”