A man who kicked and stamped on the head of a “happy drunk” who tried to touch his food has been sentenced to 27 months detention.
Fort William Sheriff Court heard that Jordan McPhee dislocated James Reade’s shoulder and caused cuts and bruising to his head and body when he attacked him in Middle Street.
The assault followed an incident in the Lochaber town’s Station Bar on June 30 last year.
Sheriff Richard Davidson described McPhee’s actions as “a gross overreaction”. He also pointed out that the 20-year-old had two previous convictions for assault and a lengthy period of detention was the only appropriate sentence.
He said: “To kick and stamp repeatedly on another person’s head and body gives rise to a real risk of causing a fatal injury or permanent impairment.
“Fortunately, he appears to have made a good recovery, but that is no thanks to you.”
McPhee, whose address was given in court as care of Distillery Guest House, North Road, Fort William, pleaded guilty to assaulting Mr Reade by repeatedly punching him to the head and body, pulling him to the ground and repeatedly stamping on his head and body to his severe injury and impairment.
Fiscal Laura Ryan told an earlier hearing that McPhee had been eating and drinking in the Station Bar when Mr Reade arrived and began having “banter” with him, but McPhee’s attitude changed when Mr Reade reached out towards his food.
She said McPhee eventually left the bar, followed by Mr Reade, who was seen to touch the accused’s back.
Miss Ryan said: “McPhee then punches Mr Reade about the head and body with both hands. McPhee grabs hold of his clothing and both fall to the ground. McPhee gets up and begins to kick Mr Reade about the upper body with repeated kicks.
“He then kicks Mr Reade’s head as he is lying on the ground and is seen to stamp on his head.”
Defence solicitor Gerry Sweeney described Mr Reade as “a happy drunk, who wants everyone to be happy with him” and said McPhee reacted badly when Mr Reade tried to touch his food.
Mr Sweeney today pointed out that his client’s upbringing had been “deeply tragic”.
He said McPhee was an alcoholic who suffered from anxiety and depression but was now receiving treatment for his alcohol problems.
