A vicious thug who punched a man in the street before repeatedly stamping on his head has been jailed for more than three years.
Francis McPhee, 35, appeared in the dock at Aberdeen Sheriff Court, where he admitted viciously assaulting his victim in an unprovoked attack in broad daylight.
The attack, which took place in Aberdeen city centre, was captured on CCTV and showed McPhee standing still outside the St Nicholas Centre before exploding into violence.
McPhee – who has a long record of previous conviction for violence, including one conviction for culpable homicide – had only recently been released from prison prior to this incident.
The P&J reported that in 2021, McPhee had flown into a jealous rage and assaulted his then-partner with a baseball bat.
Unprovoked assault
Fiscal depute Emma Petersen told the court that at around 3pm on June 23 2023, McPhee and others, including the complainer, were socialising at St Nicholas Square.
The square was busy, with multiple members of the public nearby, the fiscal depute said.
As the male complainer reached down to pet a dog that was being controlled by one of his friends, without warning and apparently unprovoked, McPhee swung his right fist at full force at him, punching him in the head.
He fell to the ground and lay on his side, using both his arms to protect his head.
McPhee then came around and kicked the man to the face, which was being protected by his hands, before stamping on his head twice.
The man remained lying on the ground for some time, while a friend of the victim chased McPhee from the area.
As a result of the assault, the complainer, now deceased, suffered a bleeding nose and a cut on his face.
Police were called and located McPhee on Shiprow, Aberdeen, where he stated: “He attacked me. I’m sorry.”
In the dock, McPhee pleaded guilty to one charge of assault to injury.
‘Unable to control his emotions’
Defence solicitor Andrew Ormiston told the court that his client recognised the “horrendous nature” of the assault on “someone he described as a long-term friend”.
“Mr McPhee does not have a record that could be described as anything other an unenviable,” the solicitor said.
“He is an individual who has struggled throughout his adult life with alcohol and drug addiction.
“My client tells me that he had first been assaulted by the complainer, he had been drinking on this occasion and had been unable to control his emotions.
“He knows that a custodial sentence will be at the forefront of the court’s mind.”
Sheriff William Summers told McPhee he had committed “very serious offences” that involved “kicking an individual to the ground and stamping on his head”.
“You have pages of previous convictions, including culpable homicide,” he said, adding: “I have listened to what Mr Ormiston has said, but it is clear that there is no alternative to a custodial sentence.”
Sheriff Summers jailed McPhee, of Elmbank Road, Aberdeen, for a total of three years and one month.
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.