An Angus domestic abuser who missed the birth of his baby after being remanded for a “despicable” offence against his heavily-pregnant girlfriend has narrowly escaped being jailed.
Michael Smith was slammed by a sheriff for his “vile” actions against the young woman, who he abused after a drinking session with work friends when she was just days away from giving birth.
The 24-year-old also failed to comply with a community work order imposed in the wake of a bonfire night offence when he let a firework off in a communal stairwell.
Smith was told it was only with “extreme hesitation” that he was being given a final chance to stay out of jail.
Forfar Sheriff Court heard Smith’s 35-weeks pregnant partner was at home on the night of October 10 last year when he arrived there, heavily under the influence.
An argument broke out and he grabbed his girlfriend’s hair, repeatedly refusing her requests to leave the flat.
The row was overheard by a neighbour, who called police, but Smith’s behaviour continued on the journey from Arbroath to police headquarters in Dundee.
Defence solicitor Nick Markowski told the court that 18 days on remand had proved costly for Smith.
“As a direct result of this incident he missed the birth of his child, which he had planned to be at,” said the lawyer.
“He was working at the time, had gone drinking with colleagues and she was receiving texts indicating that he was drunk.
“They weren’t living together but he went there, an argument took place about him turning up drunk, he kicked over the cat litter, the argument continued outside and a neighbour who overheard it called police,” said Mr Markowski.
“They are continuing in a relationship of sorts. He has got a new job and a new tenancy and he has a strong work ethic, which has saved him going to jail most recently.”
Smith, of Hillview, Brechin, admitted two charges of breaching the peace and failing to comply with a community payback order.
Sheriff Derek Reekie told him: “I read with some concern comments in the court papers in which you seem to consider yourself above the law and invincible.
“You have a significant criminal record and an extraordinary number of opportunities to comply with previous community disposals.”
He added: “At a time when your partner was deserving of the utmost care, your behaviour was quite despicable and you were so drunk that you couldn’t even remember what you had done.
“You are fortunate that she has stuck by you,” said the sheriff.
Smith was fined £600 and placed on a five-month restriction of liberty order, confining him to his home from 7.30pm to 6am daily.
