A domestic abuser who told a social worker he would not comply with a court order from Oban Sheriff Court has been jailed for nine months.
Benedict Boylen, 46, was sentenced after previously admitting to a course of abusive behaviour against his former partner between April 8 2022 and August 1 2022.
Boylen, of Queens Avenue, Weststone, London, pled guilty to shouting and swearing, brandishing a knife and holding it against the woman’s face at her home in Oban.
Accused was feeling ‘anxious’ when he spoke to social worker
He also admitted taking her mobile phone to stop her from calling the police and repeatedly contacting her to issue threats.
He was assessed by a social worker for a court-ordered community justice report, but stated during the interview that he “would not comply with anything”.
Defence solicitor Stephen McGuire told the court: “He tells me he was feeling anxious when he met with the compiler of the report.
“He has had an ADHD diagnosis since childhood, and some comments made in jest were taken out of context.
“I am asking the court to disregard his attempts to step back from his plea.
“Addressing his feelings towards the complainer, he does feel bitterness, but honestly put, he now lives in London and will not return to Scotland at all.
‘Revenge-seeking attitudes’
“I have spoken to him, and he will comply with an alternative to custody.
“The fact that he has complied with the case and has attended at court on numerous occasions for this case shows he has respect for the court and will comply with any court order.”
Sheriff Euan Cameron said: “Some of these comments could be prosecuted under hate crime legislation.
“This was an unpleasant domestic abuse case – at its height, a large knife was put on her face.
“She was terrified and traumatised.
“He has a contemptible attitude to his former partner. He has shown himself to be misogynistic and has zero empathy.
“He is at high risk of causing physical, emotional and mental harm.
“The report states that he has revenge-seeking attitudes toward the complainer.”
He added: “The court in sentencing is to provide a deterrent, and the nature of your offences means there is no alternative to a short custodial sentence.
“I am sentencing you to custody for nine months, and a non-harassment order of 10 years.”
Mishearing the sentence, Boylen shouted: “Ten years!?”
A police officer – who at the time was putting handcuffs on the accused – clarified that it was the term of the the non-harassment order.
Boylen then shouted to the sheriff: “I thought you said prison for 10 years!”
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