A man who repeatedly struck an alleged armed robber with a “fist-sized” stone has been jailed for 16 months.
Sean Hugh David Townsley, 28, a prisoner at Perth, told police he had retaliated after the man had robbed him at knifepoint in a Dundee street.
Townsley admitted that on July 29, at Milnes East Wynd, he assaulted Kevin Drapajlo by repeatedly striking him on the head with a stone to his injury.
Depute fiscal Vicki Bell told the court the two had not met before but had a mutual friend.
“At around 4pm on July 29, they met up in an alley at Milnes East Wynd and a struggle ensued, apparently over a bag containing a quantity of prescription drugs,” she said.
“Member of the public heard the accused shouting and saw him striking the complainer between four and 11 times with a ‘fist-sized’ stone.”
The depute fiscal said the accused then left the scene in a van.
Members of staff from the nearby Salvation Army offices, who had witnessed the assault, helped the complainer, who was covered in blood.
Police recovered a stone and a needle at the scene and the accused was traced to A&E at Ninewells Hospital where he was found to have a number of cuts and puncture wounds to his arms and hands, which he said had been inflicted by a knife or needle.
He was given a hepatitis B vaccination, the court was told.
Solicitor Scott Norrie told the court the assault had happened in “unusual circumstances”, given that Townsley was allegedly subjected to an assault and robbery, which was still subject to ongoing proceedings.
He said Townsley was already subject to a community payback order and asked that he be allowed to continue on that.
However, Sheriff Elizabeth Munro was not moved and jailed him for 16 months, with a one-year supervised attendance order once released, saying the punishment had to reflect the severity of the offence.