A teenager with a history of violence who attacked a random man in the street has been warned the court is “running out of options” and custody might soon be the only place for him.
Donald Johnstone, 19, knocked the man to the ground with just one punch after the bystander tried to intervene and stop Johnstone’s tirade of abuse towards his then girlfriend’s mother.
Fiscal depute Naomi Duffy-Welsh told Elgin Sheriff Court that Johnstone had picked up his girlfriend from her home just after midnight on September 30 last year, but that the girl’s mother hadn’t been happy about this and decided to follow them.
Bystander attacked after trying to help woman
“She was concerned about her daughter at the time and as they were all walking along Chanonry Road the accused started yelling and shouting towards her,” the fiscal depute said.
“Other witnesses were walking home at the time and were concerned seeing him shouting and tried to intervene to tell him to stop.
“Without warning the accused then punched one witness to the head which knocked the man to the ground. He then fled.”
Police found the injured bystander with a cut face and later traced Johnstone nearby before he spent the night in the cells.
He admitted charges of assault to injury, behaving in a threatening or abusive manner and two charges of police assault and resisting arrest from an earlier incident on June 5 2021.
‘He is regretful’
His defence agent Iain Maltman said the unemployed teen has been working to “address his issues with alcohol”.
“Mr Johnstone knows that these are serious charges and he is noted as being regretful and perhaps more importantly, he has shown insight into the impact of his offending,” the solicitor said.
“He had ended the relationship, which he describes as toxic, and has also distanced himself from certain peer groups.”
He said Johnstone, who is already on a community payback order after he bottled a 34-year-old man he said he felt “intimidated by”, was working through his hours of unpaid work well.
Warned it’ll be custody next time
Sheriff Robert McDonald told Johnstone: “Due to your age I do have to look at rehabilitating as opposed to anything else, but by the time I am done you will have supervision and you will have as many unpaid work hours as the court can give you.
“That means the court will be running out of options for ways to deal with you.
“If you offend again, notwithstanding your age, the court may have no alternative but to impose a custodial sentence.”
He handed Johnstone, of Kingsmills, Elgin, 135 hours of unpaid work and an 18-month supervision order.
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