Drinker attacked man with a glass

A DRINKER who smashed a glass over a fellow pub-goer’s head has narrowly avoided a jail sentence — but was warned he’s in the last chance saloon.

Dean Boyle was told by Sheriff George Way at Dundee Sheriff Court that had his case not been reduced from indictment to the less serious summary level, he could have expected a custodial sentence.

Boyle, of Lawrence Street, Broughty Ferry, admitted assaulting Gareth Hutcheson in the Gunners Bar, King Street, by striking him on the head with a glass on June 3 last year.

The 33-year-old also admitted behaving in a threatening or abusive manner likely to cause fear or alarm, shouting and repeatedly banging on a door and windows at the same place on the same date.

Fiscal depute Lynne Mannion told the court that Boyle and Mr Hutcheson had been drinking together i n the bar earlier. Ms Mannion said another customer had said to Mr Hutcheson that he had better not drink with the accused as he was an alcoholic.

Shortly afterwards, the accused got up and walked over to where Mr Hutcheson was drinking with others and smashed a glass over his head, which was left cut and bleeding.

Others rushed to help Mr Hutcheson and there was a struggle before Boyle was ejected from the pub.

Ms Mannion said he tried to return and on finding the door locked, he banged on the door and windows demanding to be let in.

Sheriff Way told Boyle: “My sentencing powers are somewhat limited.”

He said that he was prepared to place Boyle on a restriction of liberty order as a direct alternative to custody.

He warned him: “This will be your last chance at avoiding custody.

“If you reoffend or breach this order you know what the consequences will be.”

Solicitor Anika Jethwa said Boyle’s previous convictions had been due to his alcohol consumption and he had voluntarily gone to his GP and sought help with Alcoholics Anonymous and Tayside Alcohol Problem Service.

Sheriff Way placed him on a restriction of liberty order for eight months, between the hours of 7pm-7am.

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Sheriff George Way