A man sentenced to nine months in jail has had his sentence quashed by judges at the High Court in Edinburgh.
John David MacPhee, 26, of Finlarig Terrace, Dundee, has instead been ordered to complete 100 hours of unpaid work as part of a community payback order.
MacPhee was jailed in November by Sheriff Richard Davidson at Dundee Sheriff Court after admitting assaulting and injuring another man in the city centre in September.
He had admitted the offence on October 28 and had his sentence deferred for reports until November 28.
When he appeared for sentence, Sheriff Davidson told him a custodial sentence was inevitable, but reduced the term from 12 months to nine to reflect his early plea.
Lawyers for MacPhee, Dundee firm Muir Myles Laverty, appealed the sentence on the grounds they felt it was “harsh and excessive”.
That appeal has now been upheld by a judge and reduced to a community-based disposal.
The successful appeal is the second such reversal against a judgment by Sheriff Davidson in recent weeks, after Dundee woman Leanne Martin, 29, had her conviction for contempt of court and 12-month jail sentence quashed.
High Court appeal judges said that Sheriff Davidson had “failed to follow clear guidance” from existing procedural safeguards and overturned his decision.
A spokesman for the Court of Appeal said a written judgement in MacPhee’s case, giving the reasons for the judge’s decision would be released at a later date.
MacPhee had admitted that on September 6, at Cowgate, he assaulted Paul Sturrock, c/o Police Scotland, repeatedly punched him on the head and body, knocked him to the ground and kicked him on the body, all to his injury.