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Man’s attack caused partner to black out

Man’s attack caused partner to black out

An Angus man who grabbed his partner by the throat to the point she blacked out has avoided a jail sentence.

Andrew Hutcheson’s victim later woke up with the accused sleeping beside her after a drinking session turned to anger and violence, Forfar Sheriff Court heard.

A positive social work report helped the 38-year-old avoid a custodial sentence.

However, he still has other matters hanging over his head and has been warned by a sheriff that prison remains a possibility if he steps out of line.

Hutcheson, of Erskine Street, Montrose, admitted assaulting his partner at a house in Montrose on April 21 or 22, grabbing her by the throat with pressure and causing her to black out.

He also admitted behaving in a threatening or abusive manner at the same property on May 14.

Depute fiscal Jim Eodonable said the couple had been in a relationship for around four years and were drinking and in good spirits on the night of the assault offence.

“He (Hutcheson) continued drinking and essentially became abusive towards the complainer, questioning her fidelity.

“The complainer remembers being assaulted and being held in the way described, and then woke up some time later with the accused asleep beside her.”

The court heard the later charge arose after Hutcheson turned up at the house under the influence and was again disparaging towards the woman.

Defence solicitor Billy Rennie said Hutcheson had a number of matters before the court and was made the subject of a community payback order in October, as well as having spent two periods on remand in relation to his offences.

Sheriff Pino Di Emidio noted there were six matters in total before the court, the most serious being the assault offence.

He said: “Whilst I detect a slowing down in the problems which have brought you before the court repeatedly in recent months, you run the risk of a significant term of imprisonment if you come back before the court.”

He imposed a two-year CPO for the assault offence, including supervision and programme requirements, as well as 60 hours of unpaid work.

Deferring sentence on other matters for three months, the sheriff warned Hutcheson: “What happens will very much depend on the intervening period and I sincerely hope the court will be able to deal with those without having to imprison you.”