A jealous boyfriend strangled and punched his terrified partner as she franticly banged on the floor to get attract her neighbour’s attention.
Jay McBain, 23, carried out the sustained attack in his ex’s own home, and even assaulted one of her neighbours who became involved.
The couple had previously been in a relationship for three years but separated a few months prior the incident.
But McBain turned up at the woman’s Aberdeen flat in the middle of the night and questioned her about speaking to other men before launching a violent attack.
Fiscal depute Jane Spark told Aberdeen Sheriff Court the woman had been asleep in bed when McBain’s rang her buzzer at 1.30am on March 30 2021.
She allowed McBain inside but quickly realised he seemed “on edge”.
Ms Spark said: “The accused then asked her who she had been speaking to and told her to give him her mobile phone. She refused to do so.
“The accused then punched the woman using a closed fist to the left side of her head.”
Drugs to blame for offending
She tried to get away from McBain but he continued hitting her in the head, eventually causing her to fall to the ground in the bedroom.
Ms Spark told the court: “The accused stood over her repeatedly hitting her to the head.
“He then put both hands against her neck and began to strangle her. During this, she struggled to breath.
“The complainer’s head began to bleed.
“On seeing blood dripping from her head, she began to bang on the floor to try and get her neighbours to come up.”
The woman described feeling “petrified”.
One neighbour heard screaming and banging and went upstairs to see what was happening.
There was no answer at the door but she could hear the woman screaming.
McBain then pushed his ex partner into the bathroom where he punched her again to the head repeatedly.
Eventually, the woman managed to run out of the address and sought refuge with two women who lived downstairs.
Neighbour went to get baby
She told them McBain had assaulted her and that her baby daughter was still in the flat with him.
The neighbours then saw McBain in the communal hallway and one of them told him she was on the phone to the police.
McBain slapped the phone out of her hand.
The neighbours both then followed McBain back upstairs to retrieve the child.
When one of them tried to pick the baby up, McBain punched her to the head, knocking her to the floor.
He then picked the child up himself and took her downstairs to give to his ex before leaving.
McBain’s ex was left with a cut to the top of her head, a bruised and swollen brow bone, facial and neck bruising and tenderness to her left ear.
Her neighbour was left with bruising to her lips, jaw and ear.
McBain, of HMP Glenochil, pled guilty to two charges of assault to injury.
‘Rehabilitation’ main concern
He also admitted separate charges of allowing himself to be carried in a stolen vehicle, breaching a bail curfew and failing to appear at court.
Defence agent David Sutherland said his client had “no recollection” of some of the behaviour due to drugs he had taken.
He acknowledged there were “a number of matters of concern” contained in a social work background report, but highlighted McBain had shown “shame and remorse”.
Mr Sutherland went on: “A large part of his offending seems to arise from his misuse of drugs.”
The solicitor argued his client, aged 23, should be given the chance to complete a community payback order as an alternative to custody.
Sheriff Craig Findlater described the offences as “shocking”, but drew attention to sentencing guidelines which state “rehabilitation” should be a primary concern in offenders under 25.
As a direct alternative to prison, the sheriff imposed a three-year supervision order and 270 hours of unpaid work.
He also imposed a five-year non-harassment order.
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