A troubled youngster who assaulted his then-pregnant girlfriend in the street has avoided jail because he has taken well to being a new dad.
Benjamin Smith appeared at Elgin Sheriff Court yesterday and admitted assaulting Mary Horrell on March 25.
The 21-year-old grabbed his partner from the road and dragged her up a lane near Orchard Road Dental Practice.
A passing car had to swerve to avoid the girl and her bump as she lay sprawled in the road.
Smith, of 13 Cumming Street, Forres, then seized her by the hair and pulled her back forcefully, then punched her in the head repeatedly to her injury.
A concerned member of the public intervened, and found his victim upset, sitting on the ground, with the start of a black eye.
The court heard Smith and Ms Horrell are still together.
And solicitor Simon Booker-Milburn repeatedly directed Sheriff John Halley to a social work report, which he said highlighted “how well things have gone” since the birth of the couple’s son.
Mr Booker-Milburn urged the sheriff to allow the positive progress for the family-of-three to continue.
Sheriff John Halley said: “It is absolutely disgraceful what was narrated that you accept you did that you to your partner — particularly with her condition at the time.
“But for your present circumstances, what I would be minded to do would be deny you your liberty for an extended period.”
He deferred sentence for three months to allow Smith to show he can be of good behaviour. He will return on December 17.
