A TILLICOULTRY man has been given a fine for his role in a serious assault which left the victim in hospital with skull injuries.

Douglas McKenzie, of Upper Mill Street, appeared at Alloa Sheriff Court last Thursday (26 February) having previously admitted to attacking the complainer, while acting with an ‘associate’ unknown to prosecutors.

The incident took place outside the Red Lion pub in Tillicoultry on 24 May 2013, after the victim was seen ‘bickering’ with the two men.

However, the nature of the assault proved controversial as the Crown agreed to a reduced charge which was significantly less serious than the original complaint.

Originally, it was alleged that McKenzie – while acting with another – knocked the man to the ground before repeatedly kicking him on the head and body before stamping on his head and body, to his injury.

Yet when he appeared in court on 2 February, he pleaded guilty to knocking a man to the ground before repeatedly kicking him on his body, to his injury.

Under the art and part provisions in Scots Law, each participant of a crime is to be held equally liable for the consequences of it.

This view was shared by Sheriff David Mackie who presided over the case on 2 February.

At the time, he said: “This is a question of art and part – and it seems to me that this is more serious in nature than what has been agreed to in this reduced complaint.” He then told McKenzie: “There were two men involved in this assault and you were one of them. I take the view that you are as responsible for all the injuries sustained on this occasion.” McKenzie then re-appeared before Sheriff Simon Collins last Thursday (26 February) for sentencing.

During the hearing, depute fiscal Marie-Claire Chaffey made reference to those head injuries sustained during the attack.

She said: “It is accepted that the accused knocked the complainer to the ground.

“Witnesses saw the complainer lying prone on the ground with the accused kicking him on the body.

“As a result of the attack, the complainer suffered a number of serious head injuries.” However, Sheriff Collins was not satisfied that the agreed actions of the accused – namely, knocking the victim to the ground and kicking to the body – could have inflicted head his injuries.

Throughout the two hearings, a number of thinly-veiled references were made to accused’s associate being principally responsible for the more serious injuries sustained.

On Thursday, Sheriff Collins said: “If the accused’s associate was responsible for the head injuries sustained by the complainer, then the accused is equally responsible.

“The plea which has been accepted by the Crown, was done so to specifically exclude reference to the complainer being kicked and stamped on the head by the accused here today.

“Therefore, the head injuries referred to cannot be laid at his door.

“I have read the report which has been prepared on his behalf and it is as positive as it can be.

“In these circumstances, and given all that has been said by the Crown and on your behalf, I am willing only to impose a financial penalty.

“I take account of the fact you present as a first offender and this appears to have been out of character for you and impose a fine of £400, reduced from £500 due to your early plea.”