A man who carried out a brutal assault in Dundee has been ordered to pay his victim £3,000 in compensation.
Allan Cavin knocked Sean Clark unconscious during the attack in the city’s Wentworth Avenue in November 2018, Perth Sheriff Court heard.
The 39-year-old admitted repeatedly punching Mr Clark on the head and body, causing him to pass out.
A better member of society
Solicitor Ross Donnelly urged Sheriff Gillian Wade not to send his client to prison.
“I acknowledge fully that this is a serious matter and for an offence of this nature, the starting point for Your Ladyship is always going to be a custodial sentence,” he said.
“But there are a number of factors that would allow the court to step away from that and impose an alternative.”
He said his client has had a chance to reflect on his behaviour over the two years since the offence happened.
“He has a brief record but he has never before appeared in court with a real chance that his liberty could be about to be taken from him.
“He is in employment and he is in a long term relationship. These are stabilising factors.”
Highest possible CPO
Sheriff Gillian Wood told Cavin: “There is no doubt that this is a serious offence and it is quite clearly at the custody threshold.
“That being said, this did take place in 2018 and since then you have not come to the attention of the police.”
She added: “You have managed to get employment and you are working towards qualifications to become a more useful member of society.
“This has been a very difficult decision but I am minded to impose a Community Payback Order at the highest possible level.”
As well as the compensation payment to Mr Clark – at £200 per month – Sheriff Wade ordered Cavin to carry out 300 hours of unpaid work as part of a two-year supervision order.
She warned: “If you are to breach any part this order, there will be no special chances.
“You will be brought back to this court and you will be re-sentenced and sent to custody.”
