A serial offender with a “propensity for severe violence” avoided prison on Tuesday after an assault in a pub seriously injured and permanently disfigured his victim.
Arbroath Sheriff Court heard that Kevin Duncan (33), of the town’s Guthrie Port, had already saved up £2000 as a means of compensating his victim, whom he became involved in an altercation with prior to the incident on June 5.
Duncan said by his solicitor Nick Whelan to be “extremely protective” of his mother since the death of his father some 10 years ago had become enraged when a family friend put his arms around her chest and she asked him to remove them.
The group had been drinking all day at the Anchor Bar on West Port, following their attendance at a football match. When Duncan realised what had occurred he struck his victim on the body and forced the glass that he had been drinking from into his face.
Duncan who was said to have had “little recollection” of the incident due to excessive alcohol consumption was then asked to leave the premises by bar staff, who contacted emergency services to transport the victim to Ninewells Hospital in Dundee.
Fiscal depute Alastair Learmont confirmed that the man sustained a 10cm cut to his left cheek as a result of the attack, as well as a further laceration between his lip and nose. He added that, while medical staff believed the victim would be scarred for life, they were unable to determine if he would suffer permanent nerve damage.
Mr Whelan said his client had been using alcohol as a means of coping with the breakdown of his marriage. He added, “The parties haven’t spoken since this occurred but Mr Duncan, through family, has tried to make his peace.
“Since the early stages (of the court proceedings) he has been saving up money to pay the minimum level of compensation to the complainer. He is in the position to bring to the court the sum of £2000 within 14 days if he is given that opportunity.”
Sheriff Derek Pyle ordered Duncan to pay £3000 compensation to his victim and ordered that the remaining £1000 be paid at a rate of £30 per week. However, he said, “You were very, very close to a long custodial sentence.”