A Fife man who struck a drinking buddy’s head off the floor so hard he required a CT scan has been released from custody.
Dale O’Leary had already served the equivalent of a six month prison sentence on remand when he appeared for sentencing at Kirkcaldy Sheriff Court.
He admitted punching pal James Millar in a row over being separated on a night out.
The 26-year-old admitted attacking pal James Millar at a property in Dunfermline’s Broomhead Drive on November 7.
The pair got into an argument after being separated during a night out.
Fiscal depute Lora Apostolova said O’Leary was upset at having been left behind.
He repeatedly punched Mr Millar and hit his head off the floor, leaving him injured.
Hated prison
His solicitor Chris Sneddon described the injuries sustained by Mr Millar as “superficial.”
He said: “Clearly, Mr O’Leary has a bad record.
“He has been in custody since November.”
Mr Sneddon told the court: “There are fairly significant factors which have affected his development.
“He’s indicated to me he has hated prison. He doesn’t like being there.”
Unpaid work
Sheriff Pino Di Emidio released O’Leary from custody and placed him under supervision for two years.
The sheriff also instructed him to complete 180 hours of unpaid work.
He said: “When you go to the trouble of striking someone’s head off the floor, arguably you’ve gone beyond the summary threshold.
“There was a CT scan.”
He added: “It seems to me that although you have pled guilty to what I consider to be a serious offence involving an assault striking Mr Millar’s head off the floor to his injury, I can properly deal with this with a non-custodial disposal.
“You have served a period on remand which is the equivalent of just under six months in prison.”
Previous jail time
In 2016, O’Leary was sentenced to almost three years behind bars after abducting a woman and making her watch as he poured bleach over himself.
His victim ran to the bathroom to try to phone the police, but O’Leary stopped her.
He brandished a bottle of bleach at her before making her watch as he poured it on himself.
O’Leary had told a witness that she was “going to die tonight”, as he locked her inside the property.
He pushed her into the living room where he cut her with a piece of broken glass and seized her mobile phone while covering her mouth.
She required to attend hospital to be treated for injuries.
O’Leary was then sentenced to 35 months in prison by Sheriff Craig McSherry at Dunfermline Sheriff Court.
