A Brechin man who repeatedly spat on his girlfriend in a petty street row has been given a chance to stay out of jail.
Austin Waggoner, of Esk Park Terrace, Brechin, appeared from custody before Sheriff Simon Collins at Forfar having spent a period on remand for the April incident.
The 28-year-old had previously pled guilty to assaulting Dawn Armit on April 13 in Scott Street and Montrose Street, Brechin, by repeatedly spitting on her in the domestically aggravated offence, as well as breaching bail.
The court heard the couple were walking together in the street around 7pm when the argument broke out. Waggoner spat on the woman, hitting her on the face.
They continued walking and he did it again, this time causing spittle to land on her face and hair.
The victim walked away from him and called police.
When questioned by officers about the incident, Waggoner told police: “We argued, she was aggressive, so I spat on her face.”
Defence solicitor Michael Boyd told the court the pair had been together for around 10 years and Waggoner accepted full responsibility for the offence.
“It is a somewhat tempestuous relationship and matters boiled over on this occasion,” he told the court.
“It seems to have been a relatively trivial matter that has then escalated into a serious offence.”
Mr Boyd said Waggoner had spent around three weeks on remand in connection with the case, adding: “He can only describe his experience within the prison as a harrowing one that he does not want to repeat.
“But he recognises that he may be facing a custodial sentence for this matter.
“Between this offence and other previous matters there is an issue, but a community disposal may give him some focus,” added Mr Boyd.
Sheriff Simon Collins ordered Waggoner to carry out 135 hours unpaid work under a six-month community payback order, as a direct alternative to custody.
