An Arbroath fish merchant who assaulted another man outside a town pub has been spared jail so the family business can stay afloat.
Scott Swankie repeatedly kicked Samuel Leslie on the ground outside the Anchor Bar after the pair had rowed inside the pub over an alleged headbutt on the accused’s father.
Depute fiscal Jim Eodanable told Forfar Sheriff Court the victim had then gone outside for a cigarette.
“Essentially the complainer has very little recollection of the mechanics of the next few minutes, but others nearby looked out and saw him being grabbed by the accused, pushed to the ground and thereafter kicked to the head and body,” he said.
“The complainer’s face was covered in blood and others came to assist.
“Fortunately for all concerned the extent of the injuries was cuts to his face, arm and leg, none of which received medical treatment,” added Mr Eodanable.
Swankie, 39, of Rowan Path, Arbroath, admitted the April 18 assault in Keptie Street and defence solicitor Ian Flynn said a custodial sentence would put the family firm’s future at serious risk.
“He challenged this person, who told him in no uncertain terms what to do with himself, and he dealt with it in the manner he saw fit,” said Mr Flynn.
“He was totally out of order and he accepts that position. Since 2010 there have only been two convictions.
“He works six days a week in the business but if a community order of unpaid work was imposed he would just have to buckle down and do it.”
Sheriff Pino Di Emidio noted Swankie had eight convictions for assault.
“He is very lucky that the injuries were not worse or this case would have been on indictment,” he said.
He imposed a one-year community payback order, including 160 hours of unpaid work.
The sheriff told Swankie: “If there is any breach of this order I think you can be pretty clear that there will be a sentence of imprisonment.”