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Maximum unpaid work for Dundee man for child cruelty

Robi MacBain was given the maximum community sentence available.

Robi MacBain
Robi MacBain.

A former soldier who beat three children and subjected them to extreme punishments has been ordered to perform the maximum hours of unpaid work.

Over a four-year period, Robi MacBain, 35, attacked and wilfully ill-treated the children in Dundee.

The city’s sheriff court was told how a pair of children were forced to stand against a wall and hold two-litre bottles of juice.

A woman shouted and stormed out of the public gallery after MacBain was placed on a community payback order.

The court previously heard how the youngsters were repeatedly threatened with punishment by MacBain, who admitted hitting the children while “boxing” with them.

Cruel punishments

The first child was attacked on various occasions between March 29 2017 and November 7 2021.

MacBain used his fingers to compress the child’s eye and the youngster was kicked to the body, slapped on the face and had his groin slapped.

Over the same period, MacBain pushed a second child to the body causing them to fall backwards.

MacBain, of Dundee, struck the child on the leg with a belt.

Prosecutor Andrew Harding said: “Two of the children were left in the accused’s care and were placed against a living room wall with each holding a two-litre bottle filled with juice.”

Police and social workers were later contacted.

The child was asked if they knew why they were speaking to them and the youth asked if it was “about the man who had been abusing me”.

The child said MacBain made them lie on the floor, as well as slapping them on the face while boxing.

MacBain was said to strike a belt off a kitchen table and demonstrate what would happen if the children did not behave.

On one occasion, he cut up one of the child’s favourite toys in an act of punishment.

The ill-treatment by forcing the children to hold the juice bottles for long periods happened during a course of conduct between March 29 2012 and November 7 2021.

Suffered PTSD in army

Defence counsel Charles Ferguson said MacBain had suffered from post-traumatic stress disorder (PTSD) after seeing active service in the army.

“It’s clear from the (social work) report that he doesn’t appreciate the impact his behaviour had on the children,” Mr Ferguson told Sheriff Paul Brown.

“As a relatively young man, he went into the army and was subjected to severe discipline.

“He accepts that his behaviour is wrong and accepts that his attitude is wrong and there’s real scope for him to change that.”

Sheriff Brown said: “These are serious offences and I have taken into account the narrative and the material provided to me.

“It’s clear to me you are someone that has experienced trauma.

“You have no previous convictions and I take all of the mitigation into account.

“The social worker says that there is an alternative to custody available to me. I am obliged by law to give you the benefit of that.

“Should you breach any of these orders and you are brought back before me, you will be facing a period of imprisonment.”

Punishment

MacBain was ordered to perform 300 hours of unpaid work and made subject to a 7pm until 7am restriction of liberty order for four months.

He will be subject to supervision for 12 months and must not contact children under the age of 18 as part of a conduct requirement.

A non-harassment order was granted preventing him from approaching or contacting his three victims.

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