A first offender who viciously attacked a homeless man in a St Andrews alleyway has been sentenced to detention.
Cupar Sheriff Court heard on Thursday that Scott Strang (19), whose address was given as Skene Street, Strathmiglo, repeatedly punched and kicked James Amos Shaw in St Mary’s Place after a drinking binge on November 26.
Mr Shaw had been sleeping rough under a wooden cupboard. He suffered a broken nose and substantial facial bruising in the assault, which took place shortly after Strang had consumed three bottles of Buckfast, seven or eight vodkas and wine at a pub.
Strang, who had little recollection of the incident, said he felt “physically sick” when he learned what he had done.
Despite the fact he was a first offender, and had remorse for his actions, Sheriff Charles Macnair sentenced him to 212 days’ detention for an assault he insisted fully merited a custodial sentence.
“This was a horrific and cowardly attack on a defenceless man who was asleep and vulnerable,” he told Strang. “There are some offences for which, even for a first offender, there is no appropriate alternative to custody.
“In my judgment, this is such an offence.”
Depute fiscal Brian Robertson told the court Mr Shaw (29) had been homeless and sleeping rough in the St Andrews area for some months. He sought refuge under a wooden cupboard in his sleeping bag in St Mary’s Place that night.
A short time later, he awoke to find Strang and two others standing over him before Strang unleashed a “barrage of punches and kicks to his head.”
Mr Robertson said Mr Shaw had been aware of three people in the alley telling him to be quiet, so as not to alert passers-by.
Strang was asking him for money, Mr Robertson added, and Mr Shaw eventually handed over £10. Strang then gave Mr Shaw a pack of cigarettes in return for him not reporting the incident to police.
The victim did report the assault, however, and required hospital treatment for a broken nose and other damage to his face.
Defence solicitor Alan Davie said his client could remember little about the attack but had expressed “shame, embarrassment and remorse” for his actions.
“It is to Mr Strang’s credit that he makes absolutely no attempt to excuse his behaviour and recognises how serious this offence was and recognises how much more serious the consequences could have been to the complainer,” Mr Davie added.
“He presents himself as someone who is extremely disappointed to have let himself down by behaving in the manner he has.”
However, despite acknowledging his lack of record, Sheriff Macnair pointed to the fact that Strang had apparently told friends that he was going to seek out Mr Shaw earlier in the evening.
Sheriff Macnair said: “The man was homeless and sleeping rough and was trying to make the best he could to sleep, and was accordingly vulnerable when he slept in this alleyway.
“You knew he was there because you said in advance you were going to see him, and you and others went to him and then assaulted him by punching him and kicking him to the head and body more worryingly to the head.”