A sheriff jailed a 25-year-old man who brandished a broken bottle and threw a watermelon during a Pitlochry takeaway rampage but said deportation was not necessary.
Asylum seeker Collins Oko was doused with an incapacitant spray after spitting at two police officers and trying to bite them.
Dundee Sheriff Court was told how Oko, who suffers from schizophrenia, arrived in the United Kingdom illegally after travelling in the back of a lorry.
He had been facing the threat of deportation but Sheriff George Way said the order was unnecessary.
Takeaway chaos
The court heard how the chaotic incident unfolded at the Kahn Babas shop and takeaway in Pitlochry at around 8.30pm.
Oko offered to pay for a sweet for a child but erupted after this was refused by the youngster’s mum.
Fiscal depute Emma Farmer said previously: “He was shouting and swearing somewhat incoherently and left the store and ran off along the main road.
“Approximately five minutes later, he reappeared carrying a beer bottle and struck that off the shop door, smashing a window pane of glass within the door.
“He picked up a watermelon from a display stand and threw it onto the floor, smashing it.”
After being asked to calm down, Oko picked up the broken bottle and threatened a shop worker, saying: “I’m going to hurt you.”
Police were called and found Oko outside the Atholl Street shop, still holding a piece of the broken bottle in his hand.
Ms Farmer added: “He was instructed to drop it several times and was not responding.
“He began to act erratically, refusing to engage.”
Oko was eventually restrained and arrested before spitting at officers and trying to bite them.”
Punishment
He pled guilty to committing the August 17 2021 offences.
Oko also admitted failing to appear at Perth Sheriff Court before being remanded in custody.
The case encountered numerous delays due to difficulties in Oko obtaining legal representation and his ability to travel to Perth.
Oko, still remanded at HMP Perth, returned to the dock for sentencing following the preparation of a social work report.
It concluded there were no viable community-based sentences because of Oko’s status.
Solicitor Billy Watt said: “I appreciate a custodial sentence is inevitable but a custodial sentence of less than 12 months would not trigger deportation.”
However, the sheriff replied: “The concept of restricting the custodial sentence to less than 12 months would not meet, in any shape or form, the level of punishment needed here.”
Oko was sentenced to 18 months in prison, along with being made subject to a supervised release order lasting nine months.
Deportation considerations
The Crown moved for Oko to be deported, citing the nature of the incident, the potential for similar conduct occurring and the fact he failed to appear for court hearings.
Sheriff Way ruled: “He is a first offender, he has no other matters pending, he’s on no other form of bail.
“I am unable to find that there’s a continued threat.
“There was a threat and that’s been dealt with by punishment with elements of supervision by appropriately qualified authorities.”
The Home Office is still able to initiate its own deportation proceedings.
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