A serial offender who forced his way into another man’s home before stamping on the head of his sleeping victim has been jailed for four months.
Forfar Sheriff Court heard that Maxwell Marshall, who has 22 previous convictions, had been in the midst of a long-running feud with the man when he burst into the property in Nursery Park, Brechin, on January 6.
The 43-year-old had gained entry to the flat by seizing a third man by his clothing in the common close downstairs before dragging him upstairs, threatening him with violence and pushing him on the body.
He then made his way to the bedroom, where he attacked the occupant’s head as he lay in bed. The complainer awoke as Marshall was striking him on the face and body.
Depute fiscal Arlene Shaw told the court that emergency services had been summoned shortly after 1am.
Ambulance crews treated the victim for a suspected laceration to his forehead and a puncture to his left ear but he declined any further treatment.
Marshall’s solicitor Amy Walsh admitted that the attack was one of “extreme violence” but added that there was a history of animosity between the two parties.
She said that her client was acting in response to an alleged earlier incident at his home in Brechin High Street, where someone associated with the victim was said to have spat on the windows of the property.
Ms Walsh said, “Mr Marshall has acknowledged his involvement from the very start and was up front with police when he was interviewed.’No strangers to courts'”There is very much a history between Mr Marshall and the complainers, who themselves are no strangers to the courts.
“Mr Marshall was provoked and he decided to take things further, but he unfortunately chose to take matters into his own hands. He appreciates now that he should have involved the police.”
Ms Walsh added that most of Marshall’s previous convictions were related to offences committed in the 1990s, although there had been several recent incidents which had “come to the attention of the courts.”
However, she asked Sheriff Kevin Veal to consider an alternative to custody as a previous spell in detention had affected Marshall psychologically.
Ms Walsh said, “Mr Marshall once spent six days in prison and this had a very negative impact on him his mental health declined significantly.
“He has been assessed as being suitable for probation and hopes some of his issues can be addressed. He has been drug-free for five years and doesn’t drink alcohol.”
However, Sheriff Veal insisted he had no option but to impose a custodial sentence.
He told Marshall, “Your victim was asleep in his own home, the one place where he would have been entitled to feel safe.”