Two “cowards” drunkenly kicked a man while he was lying on the ground outside a Dundee takeaway.
Andrew Reid and Adian Nicol, both 20, had no memory of the violent incident outside Corfu Kebabs on Seagate.
Dundee Sheriff Court heard how Jamie Tymiwski had tried to intervene in a disturbance before being knocked to the ground by the pair at around 3.15am.
CCTV footage was played in court which showed one of the men falling to the ground after the attack on February 19 2023 which they previously admitted.
Sheriff Tim Niven-Smith said: “Kicking someone on the ground is a cowardly act. Two cowards in front of the court.”
It was revealed that Mr Tymiwski received a cut to his eyebrow that did not require medical attention.
Solicitor Lisa Duffus, for Colonsay Terrace resident Reid, said her client was “deeply ashamed” of his actions.
That position was echoed by solicitor Gary Foulis, who represented Nicol, of Wallacetown Court.
Both men were ordered to perform 145 hours of unpaid work as an alternative to custody.
“You are very lucky you are sitting before me and not sitting along the corridor in the high court for culpable homicide or murder,” the sheriff told Reid and Nicol.
“You had no idea what you were doing that night because you were so drunk. That’s not a defence.
“It’s to your credit you accepted responsibility from the outset.”
Jail for sex assault on sleeping woman
A Coupar Angus man who sexually assaulted a woman while she slept next to her boyfriend has been jailed.
Mathew McLean forced himself on his victim at a property in the east Perthshire town in 2019.
He was convicted following a trial at Perth Sheriff Court in December, despite “emphatically denying” any criminality.
McLean tried to persuade jurors he had gone straight to sleep after drinking 10 pints of lager.
Accused of knifepoint robbery
A Dundee man has appeared in court in connection with an Aberdeen knifepoint shop robbery.
The Lintmill Shoppy in Northfield was targeted in September last year and police at the time said staff were threatened and money was stolen.
Shop owner Ramalingam Yogeswaran said his workers were left “terrified” by the incident, which took place at around 9.20pm on Wednesday, September 11.
Following a number of police appeals, police have now charged a Dundee man over the incident and he appeared in court yesterday.
Cosmo Grasier Hall, 39, faced two charges – robbery and possession of a bladed item.
He made no plea during the private appearance at Aberdeen Sheriff Court and was remanded in custody.
Dundee dealers get super ASBOs
Two crime gang members will be tracked for two years on their release from jail after each being hit with a ‘super-Asbo’.
Craig Garland, 37, and Brandon Guthrie, 31, were back in the dock for a brief hearing at the High Court in Glasgow on Friday.
They were each jailed for almost four years in December for their involvement in a leading Dundee-based mob who planned to flood Scotland with cocaine.
Singer’s lament
A Dunfermline singer was caught drink-driving after having a “couple of beers with his dinner”.
Scott Gilbert, of the city’s Lauder Street, was driving his mother’s car on Woodmill Road in the early hours of January 2 this year when he was stopped by police.
The 31-year-old first offender appeared at Dunfermline Sheriff Court to plead guilty to driving with excess alcohol in his system (35mics/22).
Prosecutor Lauren Pennycook told the court it was around 1am when police on routine patrol stopped the vehicle.
Officers required Gilbert to do a breath test, which he failed.
Defence lawyer Jaclyn Robertson said Gilbert and his partner run a business together and that he is “an entertainer” and had been singing at a local establishment and finished in the early hours.
Ms Robertson said: “It’s not uncommon in his line of work to have a drink before he performs.
“He had a couple of beers with his dinner”.
The lawyer said the vehicle he had been driving is his mother’s car and he thought sufficient time had passed for the alcohol to leave his system.
Ms Robertson highlighted the low reading, timing of his plea and lack of record, and the fact he has been driving for ten years without any endorsement on his licence.
She asked the court to deal with it in “as lenient a way as possible”.
Ms Robertson noted the driving disqualification would cause him great difficulty given his job and that he is very frustrated and annoyed with himself.
Sheriff Susan Duff banned Gilbert from driving for one year and fined him £200.
The driving ban could be reduced to nine months if Gilbert successfully completes the drink driver rehabilitation scheme.
For more local court content visit our page or join us on Facebook.
