A teenager who assaulted and robbed a man, leaving him unconscious in the street, was jailed for 20 months after breaching a previously-imposed community payback order for the second time.
Michael Brown, 18, of Balfour Street, Edinburgh, was originally sentenced to a three-year order by Sheriff Donald Corke when he appeared on indictment and admitted repeatedly punching and kicking his victim to his severe injury, and robbing him of a mobile phone at Oven Wynd, Kelso, on December 3, 2011.
But last Friday at Jedburgh, Sheriff Derrick McIntyre told him: “You were pretty lucky to get a community-based disposal in the first place. You have had two chances, and not taken them, so you will go to prison.”
Prosecutor Morag McLintock told a previous hearing the crime happened outside the G20 Bar in Kelso.
She had revealed: “The complainer was out drinking with friends and between 1.10am and 2am both he and the accused were in the bar with different sets of friends, although they didn’t know each other and there was no communication.”
At 2am the victim went outside, the cpurt had heard.
The fiscal continued: “He was drunk and was using the wall to support himself. His last memory is feeling a hard smack to the left of his face and falling to the ground. Another patron saw him lying in the roadway, motionless, but thought he was just drunk and didn’t go to assist.”
A bar employee, who knew him as a regular customer, was told he was lying outside and realised he was unconscious.
“She managed to rouse him, but he was very dazed and left with a friend,” said Ms McLintock.
The man returned to report his mobile phone missing and said he thought he may have been assaulted, so CCTV was checked.
The fiscal told the court: “It showed him standing alone, leaning against the wall, before the accused walked close to him and looked around. He then puts up his hood and, without provocation, launched into a sustained and violent attack.”
The prosecutor went on: “He is seen punching him before he lands on the ground on his back. The accused then kicked him three times in the head area, and is then seen standing over him and leaning down, rifling through his pockets.
“The assault occurred for about 20 seconds and he then ran off towards Kelso Square, leaving him motionless and unconscious on the ground.”
A description of the accused was circulated and he was spotted at 2.40am and detained. A mobile phone was found in his pocket, which the victim confirmed as his.
Defending, Mat Patrick said his client had “no recollection whatsoever” of the offence, but had confirmed it was him on CCTV footage.
The lawyer added: “CCTV clearly showed the clothing of an individual committing the offence and he immediately said it was him, and expressed his horror at doing something like this. He had consumed alcohol and drugs, which led to him committing this offence.
“He is an intelligent young man, from a troubled background, who has health problems, and who is genuinely remorseful.”
The prison term was backdated to February 14.