A disabled charity fundraiser who snapped at the teenage tenant of a “party flat” after months of torment pointing a loaded air rifle at her and fellow revellers has been spared a jail term.
William Liddell, 59, avoided a prison term of up to five years over the offence after a sheriff said he and his wife had suffered months of “aggravation” from neighbour Shannon Mackie.
Liddell had lived in the quiet tenement block in Dundee’s Clepington Road for 22 years before Miss Mackie moved into the top-floor flat.
From August 2012 onwards the previously quiet block was turned into a noisy party zone several nights of the week.
On March 17 this year Liddell’s wife, Ann a nurse who became his registered carer after he suffered a stroke that left him mostly blind was trying to sleep.
But after being kept awake for two hours by incessant noise she went upstairs in her nightgown and bare feet to ask for the party to be toned down.
Her request was met by an outburst from Shannon Mackie, according to Liddell’s solicitor, who allegedly pushed her back on to the banister of the third-floor landing.
Hearing the commotion, Liddell grabbed his air rifle, which he used to control vermin on his allotment, and went up the stairs.
Depute fiscal Nicola Gillespie said: “A number of witnesses noticed the air weapons beside the wall. The accused picked up the rifle and pointed it towards the flat.
“He said if any more noise was made he’d shoot them in the face. There was a struggle and the rifle was taken by the witnesses and taken into the flat where they found it was loaded.”
Liddell, of Clepington Road, pleaded guilty on indictment to having in his possession a firearm with the intent to cause people to believe that unlawful violence would be used against them.
Paul Parker-Smith, defending, said there had been problems in the block since Miss Mackie moved in last August.
He said: “The circumstances are somewhat unusual and exceptional. These have mainly been with late parties, loud noise, shouting, and not limited to weekends.
“Mr Liddell has been an outstanding member of society to date.”
Sheriff Kenneth McGowan fined Liddell £700 and said: “Firearms offences are by definition serious and an offence of this type would normally attract a custodial sentence.
“The circumstances here are unusual, however, and while the lead-up to this didn’t amount in law to provocation as such I appreciate you and your wife suffered some aggravation.
“This was a serious misjudgment and a spur-of-the-moment offence when you feared for your wife’s safety.”