A teenager who battered a man accused of rape has been spared jail.
Sheriff Jamie Gilchrist told the 17-year-old his age was a key factor in the sentencing decision.
The Fife teenager battered Tyrone McAllister into unconsciousness with a wooden deck chair after discovering he had been accused of rape.
McAllister was assaulted just two weeks after he attacked a woman in Kirkcaldy.
He later pled guilty to a charge of sexually assaulting the woman with the intent to rape her.
Pursued through streets
Kirkcaldy Sheriff Court previously heard McAllister’s attacker chased the 20-year-old into a garden in the town’s Overton Mains, where he assaulted him with the garden furniture.
Fiscal depute Claire Bremner told the court: “On the evening on July 25, 2020 the complainer and his friend were at an address in Overton Mains, Kirkcaldy.
“As they were leaving a white van pulled up and between four and six men got out.
“Both men recognised one of them as the accused.
“The accused approached the complainer and confronted him about the allegations.
“As the complainer turned away the accused punched him on the right side of the face, causing him to fall to the ground.
“The complainer got up and ran away.
“He ran down Overton Road and entered Eden place, before taking refuge in the rear garden of (an address in) Overton Mains.
“At the time the householder was home when the complainer was hitting the windows and asking for help.
“The accused went into the garden, went to the complainer and picked up a wooden deck chair, which he used to strike the complainer several times to the head and body.
“The accused picked up a second chair and threw it at (the complainer), which knocked him unconscious.”
Close to prison sentence
She said the teenager then ran off, while the householder went to check on McAllister.
The teenager – too young to be named – from the Methil area, had also admitted assaulting a supermarket worker at Lidl on Kirkcaldy’s esplanade on May 23, last year.
The man was left with a broken eye socket and cheekbone after being punched by the teen, who had been challenged after setting off store alarms.
Sentencing, Sheriff Jamie Gilchrist said: “If you had been an adult, a substantial prison sentence would have been imposed.”
He placed the 17-year-old under supervision for two years.
He also ordered him to complete 200 hours of unpaid work in the next 12 months.
Sheriff Gilchrist ordered a review on February 25 and deferred other sentences until that date for the youth to be of good behaviour.
“There’s a lot for you to lose if you don’t engage with both these orders,” he added.
Victim later jailed
McAllister was jailed for two years after admitting the July 11 attack in Kirkcaldy’s Gallatown area.
He will remain on post-release supervision for a further three years after his custodial sentence concludes.
