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Elderly man avoids jail for assaulting wife after sheriff hears ‘he has lost everything’

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An elderly Angus man who admitted two counts of domestic abuse against his wife of 55 years has narrowly avoided jail.

Forfar Sheriff Court heard 83-year-old James Gowans pushed his wife Isabella against a wall on Brook Street, Broughty Ferry, after she complained that she was feeling unwell.

Gowans, of Millgate, Arbroath, then carried out an assault at an address in Adderley Terrace, Monifieth, which left his 76-year-old wife bruised and cut.

Depute fiscal Robbie Brown said the first incident happened when the couple had been out shopping and Mrs Gowans said she had pains in her chest and wanted to return home.

“This apparently annoyed and agitated him and he began to shout and swear at her, saying there’s no point in ever leaving the house again,” he said.

“He grabbed hold of her and pushed her against the wall. She had some bruising. Despite her age, the accused walked off and she had to get a bus home.”

During the second assault, Gowans grabbed hold of his wife’s arms and pushed her across a room.

He then forcefully grabbed her by the collar, pushed his fist into her neck and threw a tray which struck her arm, all to her injury and permanent disfigurement.

Mr Brown said the assault followed an argument about a stain on a jacket.

“The accused had dirt or a stain on a new jacket,” he told the court. “The complainer tried to help him and that caused him to direct his anger towards her rather than the jacket.

“There was an argument over the receipt for the jacket. The accused got more and more aggressive.

“She had numerous bruises on both arms, bruising to her neck and jaw and laceration to her wrist.”

Defence agent Sarah Russo said the couple were in the process of separating and there was no chance of reconciliation.

She said Gowans had made no contact with his wife since the second incident.

She said: “He has lost everything his wife, son, the family home, their mutual friends. He is starting again at the age of 83.”

Sheriff Gregor Murray said imprisoning Gowans would be justified, but that he took account of the fact he had no previous convictions.

He said: “What is clear from the report is that you have not at any stage realised that you can not domestically abuse people.”

He sentenced Gowans to 200 hours of unpaid work, reduced from 250 hours to take account of his early plea.

He also imposed a compensation order to his wife of £2,000 and a non-harassment order, which means Gowans can’t approach or contact his wife, which will last for one year.