A reveller assaulted a stranger who pointed out he’d spilled his takeaway down himself.
David McIntosh had been walking along Gaelic Lane in Aberdeen city centre with his late-night takeaway when he stopped to chat with a man who was having a cigarette outside O’Neill’s.
The pair, who were not known to each other, chatted amicably until the man politely pointed out to McIntosh that he had spilt his food down his clothing.
McIntosh, 28, flew into a rage and grabbed his victim by the throat, forcing him back against a wall.
Fiscal depute Sean Ambrose told Aberdeen Sheriff Court the incident happened around 2.20am on November 12 last year.
McIntosh must pay victim compensation
He said McIntosh, a father-of-one, started to speak to the man outside the city centre bar.
Mr Ambrose said: “During the conversation, the accused was eating food out of a takeaway container.
“The complainer told the accused he’d spilt some food onto his clothing.
“At this point, the accused became annoyed at the complainer and proceeded to grab him by the throat and push him against a wall.”
McIntosh squeezed the innocent man’s throat, but he managed to push him away before his breathing could become restricted.
Police were later contacted and traced and arrested McIntosh.
McIntosh, of Provost Rust Drive, Aberdeen, pled guilty to a charge of assault.
Sheriff Donald Ferguson said: “This is really not normal behaviour. Is there a drink problem in the background?”
‘This was a disgraceful way to behave’
Defence agent David Sutherland replied: “There’s not. It’s a very unfortunate and completely disgraceful incident given the genuine well-meaning of the complainer.”
Mr Sutherland explained McIntosh had been out drinking with his girlfriend but they had gone their separate ways following an argument and he had continued drinking.
He added: “He accepts he was extremely drunk by the time he’s eating food around 2.20am.
“He recalls speaking to the complainer. That appears to be good-natured and he can’t understand why he then reacted in the way he did.”
Sheriff Ferguson said: “I think it’s pretty obvious a member of the public would be upset by being treated in this way. I think a modest compensation order is appropriate.”
Addressing McIntosh directly, the sheriff continued: “This was a disgraceful way to behave.
“This fellow hadn’t done anything wrong whatsoever.”
He fined McIntosh £690 and ordered him to pay his victim £200 in compensation.
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