A violent drug dealer convicted of endangering his partner’s life has been hit with an extended sentence after being told by a sheriff he was nearly sent to the high court.
Hector Duncan, 56, subjected the woman to a terrifying assault at an address on Dundee’s Peddie Street.
The victim was choked by frenzied Duncan before being thrown against a wall and punched repeatedly.
A sheriff said the matter was so serious he considered remitting the case to the High Court for potentially stiffer sentencing.
Jurors at Dundee Sheriff Court previously found Duncan, of Adamson Court, guilty of seizing the woman’s throat on March 11 2021, pinning her to a bed, restricting her breathing and throwing her to the ground.
Duncan was convicted of seizing her body, throwing her against a wall and continually punching her repeatedly on the head to her injury and to the danger of her life.
He was found guilty by a unanimous verdict of dealing heroin on the same date, as well as threatening police officers with violence.
It is Duncan’s third conviction on indictment for drug offences and this, combined with the gravity of the assault, led Sheriff Paul Brown to consider sending the case to Scotland’s highest criminal court.
No commercial dealing
Defence solicitor Gary Foulis said: “Mr Duncan is under no illusions and understands a custodial sentence will be imposed today.
“There was no evidence to indicate Mr Duncan was involved in commercial dealing.
“There was nothing found like large sums of money, tick lists, paraphernalia – that would allow your lordship to keep this at sheriff court level.”
Mr Foulis said Duncan had previously spent more than 10 months on remand, as well as being subject to a bail curfew for 25 months in relation to the matter.
Duncan has been remanded at HMP Perth since July.
“I have known Mr Duncan for decades now and his presentation is better than what I would normally anticipate,” Mr Foulis added.
“He has had a lot of problems with his health but he has taken the opportunity to abstain from illicit substance misuse and is presenting as someone who is drug-free.”
Sentencing
Sheriff Brown told Duncan: “I can see that you have had a lot of difficulties and a lot of challenges in your life.
“Nevertheless, these are really serious matters and you have a bad record.
“I am persuaded I can step away from remitting this case to the High Court of Justiciary but there still requires to be a substantial custodial sentence.”
Duncan was ordered to serve four years in prison with a two-year extension period.
He was also made subject to a decade-long non-harassment order.
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