A man who spat in the face of a female neighbour after relations between two couples hit rock bottom has been ordered to carry out unpaid work under a community payback order.
John Stewart, 33, of Fraser Path, Arbroath, appeared before Sheriff Pino Di Emidio at Forfar, where he admitted assaulting a woman on August 24 in Laurelbank, Forfar, by spitting in her face and assaulting a man by lashing out at him and attempting to punch him.
Depute fiscal Hannah Kennedy said the accused and his partner had been out drinking with friends and returned home shortly before 10pm. Their male neighbour went out to his garden to put out his bin and the accused, seeing him, approached him.
“It appears he was alleging something about a parking space and was not happy about it,” the depute fiscal said.
“The complainer’s wife walked out and, for no apparent reason, the accused began to lash out at the man and attempted to punch him.
“The accused then turned his attention to the complainer’s wife and spat directly in her face. They went back inside, where the wife was disgusted and upset at being spat at by the accused and police were called.
Defence solicitor Billy Rennie said Stewart had remained out of trouble for a number of years but there had been difficulties between the neighbours.
“There wasn’t a good relationship prior to this and he doesn’t really recall much of what happened because of the alcohol he had consumed.
“He accepts it is disgraceful conduct.”
He said the accused and his wife moved to a new home in Arbroath shortly after the incident.
“It was quite a huge change to make, but that speaks of the difficulties they were having with the neighbours,” Mr Rennie added. “There is little or no chance of the parties meeting again; they have moved to a different town and there is no reason for them to have contact.”
Sheriff Di Emidio imposed a six-month CPO including 60 hours of unpaid work.
He told Stewart: “Not surprisingly, the (spitting) offence caused a considerable degree of disgust. Your record shows a number of analogous matters, although there has been a significant break of offending of this kind.”