A woman who kicked a man after he was knocked unconscious avoided jail with an alternative sentence of 240 hours’ unpaid work in the community.
Jill Dougal was warned by Sheriff Derrick McIntyre that any failure to comply with a community payback order would cost her her liberty.
Twenty-four-year-old Dougal, of Gourlays Court, Gourlays Wynd, Duns, appeared on indictment and admitted assaulting a man to his injury at Market Place, Eyemouth, on October 1 last year. She was also ordered to pay the victim, who sustained bruising and swelling, £350 compensation.
Co-accused Grant Smith, 20, of Brickfield Lodge, Tweedmouth, was also sentenced to a community payback order and told to complete 200 hours of unpaid work.
The court was told how first offender Smith punched the victim, knocking him out, and continued to assault the 32-year-old as he lay unconscious.
Sheriff McIntyre said he took account of the element of provocation after hearing how the victim initiated matters.
“It is accepted that the incident started when the complainer seized hold of the accused Smith, who then retaliated, but went well over the score,” explained procurator fiscal Graham Fraser.
He described the victim as heavily intoxicated, adding: “The two accused were also affected by alcohol and they all met up in the Market Place around 11.40pm.” Mr Fraser said the victim overheard an “innocent remark, which he took the wrong way” so got hold of Smith and there was a scuffle. Smith punched the man, knocking him out, and he fell to the ground where Smith continued to assault him.
“At the end of all this, Dougal intervened and kicked him twice to the head,” said Mr Fraser.
The assault was captured on CCTV.
Dougal’s solicitor, Ross Dow, said his client had little recollection of events, having been out celebrating her birthday.
The defence solicitor said Dougal had been wearing “soft, Ugg-type boots” when she gave the man “two girlie kicks”.
The lawyer added: “She knew of the complainer’s reputation and that he had attacked her friend.”
For Smith, Rory Bannerman said: “He was provoked by the victim’s initial behaviour, but accepts that he went over the score.”