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Man who broke victim’s cheekbone spared jail because of ‘work ethic’

Man who broke victim’s cheekbone spared jail because of ‘work ethic’

A man who broke a Brechin resident’s cheekbone with a single punch has avoided jail after being found guilty by a jury.

Dean Mallon attacked following an alcohol-fuelled argument in the town.

The 21-year-old was convicted of assault to severe injury, following the incident on January 26 last year in St David Street.

He was told by Forfar Sheriff Court to pay his victim £1,000 compensation and was given the maximum possible amount of unpaid work.

Sheriff Pino Di Emidio said he had “narrowly escaped a significant term” in prison.

The court previously heard Mallon had been drinking in a local pub before the assault and that he maintained the attack was in self-defence.

Defending Mallon, solicitor Ian Flynn said the complainer was “giving his friend grief” prior to the assault.

The accused was detained at Eastmill Road Caravan Park in Brechin on January 29 and the jury took 43 minutes to unanimously find him guilty.

Mallon appeared with 11 previous convictions from courts in Northern Ireland.

The court heard Mallon, formerly of County Tyrone, was subject to a three-month suspended sentence last year, imposed after the Angus offence.

Sheriff Di Emidio said: “He was very appropriately prosecuted on indictment given the extent of the injury.

“It was none of his business in the first place. Mr Mallon took it upon himself to swing a punch.”

Mr Flynn said: “Unfortunately for the complainer it had a serious outcome … fortunately, he has recovered with a small scar.

“Provocation from the complainer was high … there has been no more offending since this matter.

“I would ask for the alternative (to custody) with hours of unpaid work.

“He would accept unpaid work in the Aberdeen area, where he will be based for some time.”

The sheriff added: “I am just persuaded that I shouldn’t put him in jail … his work ethic is the factor that just tips the balance in his favour.

“What I will require him to do is pay some compensation, lower than what is normal given the actions of the complainer although there was no rider given by the jury to that.

“I propose to deal with this non- custodially, having had regard to the entire circumstances of the matter.

“It is plain the jury reached a clear conclusion that this is an assault that ought not to have happened.

“If this were to come back to me … there is a strong likelihood you will be remanded.

“You very narrowly escaped a significant period of imprisonment.”

Mallon, of Woodlands Chalets, Banchory, was ordered to make compensation, payable at £50 per week.

He was further given 240 hours of unpaid work over the course of a year and will be subject to a two-year supervision requirement with anger management.

A review was fixed for September 24.