Thug jailed for kicking unconscious man

Published 2 Dec 2009 10:00

A THUG from Sauchie who kicked an unconscious man in the head was jailed for eight months at Alloa Sheriff Court on Thursday.

The court was shown CCTV footage of Garry Bennett's attack on the man, who was already out cold, in Alloa's Mill Street after being kneed in the head by co-accused Liam Young, from Alloa, in the early hours of 3 August.

Both Bennett (27) and Young (20) appeared from custody and admitted their part in the attack.

Bennett pled guilty to struggling with the complainer and thereafter kicking him on the head while he was unconscious, causing his head to strike the kerb. Young admitted striking the complainer on the head with his knee and rendering him unconscious.

Fiscal depute Gillian Swanney told the court that the complainer had left Chalmers nightclub and was walking along Mill Street when he was punched by Bennett.

CCTV footage was played in the court showing Bennett and the complainer becoming involved in a skirmish.

Whilst they struggled the complainer appeared to gain the upper hand and it was at this point Young kneed him in the head.

The complainer fell face forward on to the ground while Bennett, who was on bail at the time, got to his feet and kicked him viciously in the head, causing him to hit his head off the kerb.

Operators of the CCTV system alerted the police and tracked Bennett and Young after they left the scene until they were apprehended.

The victim of the attack was taken to Stirling Royal Infirmary where he was treated for a cut to his eyebrow and bruising to his head and neck. Ms Swanney added that the eyebrow cut had left a permanent mark.

Both Bennett and Young had been held on remand since 4 August - Bennett in Barlinnie and Young in Polmont Young Offenders.

Bennett's solicitor, Ms Lynch, said nothing mitigated the matter. She added that her client had drunk the equivalent of a bottle of vodka and was clearly under the influence.

Ms Lynch added that Bennett had expressed a sense of remorse, had a personality disorder and struggled with ADHD (attention deficit hyperactivity disorder).

George Higgins, representing Young, said his client had never been in prison before and had now been incarcerated for the equivalent of a seven-month sentence.

Mr Higgins added, "On viewing the DVD there was a fight with the complainer and the co-accused when my client is on the scene and the complainer was on top of his friend.

"He tried to speak to him at first but accepts his attempt to stop the fight was disproportionate thereafter."

Sheriff David Mackie told Bennett, of Lochbrae, the incident started as an unprovoked attack and ,after his victim was knocked out, he "took advantage in an extremely reckless and dangerous way".

Sheriff Mackie added, "On watching the footage you can see in your face you are appalled by your own actions."

Bennett's eight-month sentence was back dated to when he was first placed in custody.

Young, of Pine Grove, was handed a four-month restriction of liberty order and Sheriff Mackie told him he was satisfied his motivation was to stop the fight.

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