Man kicked former lover after pushing her to floor
Alloa resident told he is 'lucky' to avoid jail sentence for attack
AN ALLOA man who kicked his ex-partner on the head was told to consider himself very lucky as he was sentenced to a community payback order.
Douglas Smith (46), of Shaftesbury Street, pled guilty to assaulting his ex on 14 February by pushing her to the ground and kicking her.
He appeared in Alloa Sheriff Court on Thursday for sentencing.
Fiscal depute Sue Ruta said the pair - who had been in an on-off relationship for two and a half years - were separated at the time of the offence but had been communicating via phone and text.
They met up in Alloa on 14 July and went for drinks in the Star Inn, before proceeding to continue drinking in the complainer's house.
The court heard that she had believed everything was fine between them, but for "some unknown reason" had ended up lying on the living room floor.
Ms Ruta said, "The accused kicked her to the head. The complainer couldn't say the number of kicks she received or how long she was on the ground for."
Her recollection is that she had lost consciousness for a period of time and on coming round she saw the accused leaving.
At around 9pm she went around to a neighbour's house to report the assault.
When police officers arrived they saw she had large amounts of swelling to both sides of her face and her right eye was swollen - almost shut.
She also had a cut under her eye and an abrasion to her head.
She went to the hospital but left before receiving any treatment.
The accused was found at his home address and was detained, making no reply when interviewed, cautioned and charged.
Defending George Higgins said Smith was "disgusted with himself".
Before sentencing Sheriff Walter Mercer told Smith, "Domestic abuse of this sort is treated very seriously by the court and were it not for the conclusion in the criminal justice social work report that custody would do little to address the underlying issues with you, then I would have sent you to prison today."
He handed down 220 hours of unpaid work to be completed over 12 months, a requirement to attend alcohol counselling and a three year supervision period.
On finishing sentencing Mr Mercer added,"consider yourself very lucky".
This article appeared in Alloa & Hillfoots Advertiser 18 Jul 12
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