A Dundee man who launched homophobic abuse at a nurse resulting in him spending Christmas in custody has narrowly avoided a jail sentence.
Shaun Macnair, 20, had appeared from custody earlier this week, after admitting behaving in a threatening and abusive manner towards police and medical staff at Ninewells emergency department on December 23.
The court had heard he has an “entrenched reliance on alcohol“.
Macnair, of Spey Drive, had his sentence further deferred until January 10, to allow him to organise a stay at a rehabilitation centre in England when he appeared for sentencing at Dundee Sheriff Court before Sheriff Gregor Murray
The sheriff said: “While I haven’t heard the narration, notwithstanding your age, I will make it clear to you a custodial sentence is at the forefront of my mind.
“Your community payback order (from a sentence earlier this year) has shown a willingness by you to seek assistance and attend appointments.
“Social work clearly believe you are someone who shows potential.
“There are two ways to deal with your issues with alcohol…one is to allow you to attend a rehabilitation programme.
“Second, is to send you to prison – that would dry you out.
“You are young and guidelines say I’m not supposed to send you to prison (if an alternative is available).
“If you appear in court on anything else between now and then, you know what’s going to happen.”
‘Get a hobby’
A knife-wielding thug from Fife who was Tasered during an attack on police has been told by a sheriff to get a hobby to keep him out of trouble. Ceiryn Meade‘s latest crime of violence saw him charge at officers while holding a knife, which he earlier had when he chased a car on the street.
Panic caused breath failure
A Brechin woman who failed to provide police with breath samples has been told her post-arrest panic attacks were an acceptable explanation.
Ameena Mahmoud was acquitted after her trial concluded at Forfar Sheriff Court.
The 30-year-old was arrested on Boxing Day 2020 in connection with a vehicle police believed was being driven by an intoxicated driver.
The support worker gave evidence she ran down a dark alley off Brechin High Street when she heard shouting.
She said she was unaware the shouts were from police until they caught up with her.
She had asked for a female officer to attend when she was apprehended.
After failing to provide a sample where she was arrested, Mahmoud, of Drumachlie Park, said she feared for her life in the back of the police van travelling to Dundee police HQ.
Again, she failed to provide a sample there.
She said: “When I was in the van, I started to have a panic attack.
“I was so scared, I thought I was going to die.”
Sheriff David Hall accepted her failed attempts to provide samples were not due to belligerence but anxiety.
Sheriff Hall said: “All of that causes me to conclude that the accused’s mental condition rendered her unable to provide the specimens.”
Ripped off partner
An Arbroath man has admitted stealing electronics from his partner and taking out a secret payday loan in her name. Gavin Anderson appeared at Forfar Sheriff Court to admit the thefts and concocting the fraudulent scheme.
Last-minute report
Lawyers for a van driver accused of hitting with his car two teenage girls in a Perthshire village have raised concerns about a medical report that could derail his trial.
Ronald Craik, 73, of Mansfield Road, Scone, is accused of falling asleep at the wheel on the Inchmichael to Balbeggie road, near Rait, and colliding with the youngsters, before driving off.
The charge states the two girls, aged 14 and 15, were left seriously hurt by the Citroen van on July 23 2019.
Craik, who is accused of dangerous driving and failing to stop, denies all charges at Perth Sheriff Court.
At a pre-trial hearing, defence counsel Mark Stewart KC said his client is ready for trial on January 16.
However, he urged the court to reject a medical report lodged by the Crown earlier this month.
Crown officers first requested the paper in May but only received it on December 15.
Mr Stewart said that left little time for the defence team to respond as he may need to obtain further evidence to address its conclusions.
Sheriff Gillian Wade said keeping the trial date is a “priority” and set a further hearing for January 13 at which it will be decided if the trial can go ahead on schedule.
Facebook stalker
A Fife stalker bombarded a woman with sexual messages on Facebook after going to her home to pick up a lamp she sold him online. Robert Barrett‘s victim was left terrified because the 52-year-old from Glenrothes knew where she lived after his purchase.
11 charges each
Two men have appeared in court accused of housebreaking in Fife.
Connor Macmillan, 25, and John Phimister, 22, each face 11 charges.
The accusations include theft by housebreaking, theft of a motor vehicle and wilful fireraising.
Neither Macmillan, of Kirkcaldy, or Phimister, of Leven, entered a plea and both were released on bail.
They are expected to appear again at Kirkcaldy Sheriff Court in the new year.
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