A St Andrews man who engaged in a stand-up fight with a baseball bat-wielding neighbour could not claim self defence because he disarmed his victim, then kept hitting him.
John Fettes, 36, was approached near his home by weapon-swinging Scott Band during the dispute over a garden gate.
Dundee Sheriff Court heard Fettes blocked one blow with his arm, removed the bat from Mr Band and kept on punching.
He admitted behaving in a threatening and abusive manner last July in Younger Gardens as the right-of-way row escalated into violence.
Gate row
Depute fiscal Kate Scarborough told the court: “Mr Band was in possession of a baseball bat, which the accused removed from him.
“They both engaged in a fight. Both threw punches.
“They were separated and Mr Band went back to his property.
“The argument is over a fence.”
She said police were contacted and arrived a short time later.
Lost the benefit of defence
Defence solicitor Lee Qumsieh, in mitigation for Fettes, said: “He lives in a detached property in close proximity to the block of flats Mr Band lives in.
“The gate has since been boarded up.
“Mr Band claimed it was his gate.
“Mr Fettes said he had a ‘right of way’.
“Mr Band came down with a baseball bat. It was a metal one.
“There was a struggle, Mr Fettes blocked the bat with his arm.
“He accepts that after he removed the bat, the struggle continues.
“Punches were thrown.
“He lost the benefit of a self defence defence because he did not remove himself from the situation.”
Not a ‘trivial’ conviction
Sheriff George Way pointed out Fettes has no similar convictions, with his only other matters believed to be road traffic offences.
But he added: “It may now come back to bite you, a section 38 conviction (for threatening and abusive behaviour) is not trivial.”
Sheriff Way fined Fettes £200 for acting in a threatening and abusive manner, adopting an aggressive and disorderly way and engaging in a stand up-fight on July 3 2022.
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