A pair who launched a broad daylight attack on a man in Alness as he cowered from their blows have been sentenced.
Charlene Seel and Lewis Mackay crossed the road to assault their victim, who was drinking on a public bench in Alness’ High Street.
The man was punched and knocked to the ground, where he was further punched and kicked to his injury. His attackers then made off, but not before grabbing his jacket and beers as they left.
Mackay, 32, and Seel, 33, appeared at Inverness Sheriff Court for sentencing having previously admitted a charge of assault to injury with the complaint detailing how Mackay then committed the theft.
Mackay also pled guilty to possessing an offensive weapon after he was found to have a knuckleduster.
At an earlier hearing fiscal depute Robert Weir said at around 3.30pm on April 18 last year the man was sitting on a public bench next to the Royal Bank of Scotland.
He said: “The witness became aware of the accused Seel in the company of the accused Mackay making their way across the carriageway.
“The accused Seel appeared angry and was waving her arm around.”
Mr Weir said witnesses saw Seel punch the man and try to drag him from the bench, before continuing to throw punches and kick him. Mackay also punched the man, the court heard.
Alness attack victim ‘cowered’ from blows
“This conduct went on for a few minutes with the witness cowering and trying to prevent blows from landing. He did not return any punches,” Mr Weir told Sheriff Eilidh MacDonald
When the man fell to the ground, Seel continued to kick him. Mackay took the man’s jacket and a carrier bag from the bench before running off.
Police arrived at the scene and spoke to the victim.
His attackers were later traced in Obsdale Road and arrested. Mackay was found to have a jacket and two cans of beer, identified as belonging to the victim.
‘He was under the influence of substances’
A search at the custody suite in Burnett Road Police Station recovered a blue knuckleduster from Mackay.
The victim did not require medical treatment but it was noted that a wound from a previous assault had reopened as a result of the attack.
Solicitor Clare Russell, for Mackay, said her client and his co-accused had been in an “on/off relationship” for 15 years.
She said her client had a history of substance abuse and had relapsed prior to the offence after his mother was diagnosed with a serious illness.
“He was under the influence of substances when this took place,” Ms Russell said.
“The complainer is someone who was previously a friend of Mr Mackay. He got himself involved in an altercation between his co-accused and the complainer.”
The defence agent added that Mackay had the knuckleduster “for his own protection”
Seel’s solicitor Mike Chapman told Sheriff MacDonald that his client and the complainer had had “difficulties” before the attack.
He said the man had “inflicted an injury to her hand” which had “led her to behave the way she did.”
Conceding the unpleasant nature of his client’s crime, he said: “It was fortunate that the complainer did not require to receive medical attention.”
‘A nasty assault in broad daylight’
Sheriff MacDonald told the pair: “This was a nasty assault in broad daylight. The person you assaulted was most probably a vulnerable individual.
“Significant violence was inflicted for no real reason.”
The sheriff jailed Mackay for 13 months, backdated to April 19 of last year, and placed Seel on a community payback order with two years of supervision.
The sheriff told her: “Although you were the main player and you inflicted serious violence there is some hope for rehabilitation for you.”
