The “spark of humanity” shown by a thief as he robbed a couple in their Perthshire home helped him receive a reduced jail term.
At Perth Sheriff Court, Brian Blair was told by Sheriff Michael Fletcher that by allowing one of his victims access to her medication, he ensured the offence was not dealt with at a higher level.
The 50-year-old from Glasgow was jailed for five years for his part in a masked raid at the Dalcrue Auto Salvage yard near Pitcairngreen, with his sentence being cut by nine months.
Brother Thomas Blair, who has a similarly lengthy criminal record, was ordered to carry out 120 hours’ community service.
He had initially stood accused of playing a central role in the robbery, but the Crown accepted a simple guilty plea from the 47-year-old to a charge of resetting a number of items stolen from the yard.
Brian Blair was one of three robbers two unidentified by the Crown who burst into the home of Gordon Barnes (57) and Annabelle Hutchison (59) in November 2009.
They had been led to believe large sums of money were kept at the premises, and acting under the mistaken impression the couple were the owners of the business subjected them to an hour of mental and physical torture.ThreatenedMr Barnes and Ms Hutchison were bound hand and foot and repeatedly threatened with violence by the men.
A bag was placed over Mr Barnes’ head so he could not see the treatment being given to his partner, while she was left believing he was about to be killed as the assailants dragged him from their home and threw him into the River Almond.
Eventually they realised the truth of the couple’s claims and fled the house with just an iPod and a couple of telephones.
As Brian Blair pled guilty at an earlier court appearance, depute fiscal Charmaine Cole told the court three men had entered the couple’s home through an insecure rear door at around 8.45pm and caught the couple by surprise.
Ms Hutchison looked up from her book to find a masked man standing at the foot of her bed. She was led to the living room where her wrists and ankles were tied and she was placed on the floor alongside her partner, who was already bound.
A plastic bag was placed over Mr Barnes’ head, rendering him unable to see, as the assailants began to focus upon his terrified partner.
She was pulled to the floor and dragged around the cabin as the demands continued.
It was at this point Brian Blair momentarily pulled up his balaclava, enabling Ms Hutchison to catch a glimpse of his face.SearchFollowing a search of the house they were still without any of the money they had expected to find and so turned their attention to Mr Barnes, who they struck on the head with a blunt object before dragging him from the cabin into the river, where he was left for some minutes.
Depute fiscal Charmaine Cole told the court it was becoming clear to the masked men the couple were telling the truth.
Ms Hutchison then became unwell and Brian Blair is said to have fetched her angina medication, saving him from a trip to the High Court and a likely extended prison sentence.
The couple sustained only minor injuries.
Brian Blair, of Fingal Street, Glasgow, pled guilty to a single charge that in November 2009, he assaulted Annabelle Hutchison and Gordon Barnes and attempted to them.
The items stolen were later passed to Thomas Blair at his home in Wyndford Road, Glasgow, with the Crown accepting he had no knowledge of the robbery and the fact it was to take place.
Advocate Tony Lenehen appeared on behalf of Brian Blair and attempted to downplay his client’s past indiscretions and criminal record, which runs to around 40 charges.
His victims said they were relieved the guilty plea had spared them the trauma of facing him again in court.
Charges against a former co-accused, Isaac McPhee, were dropped by the Crown.