Stirling Observer

Assault at bus stop after man is spat on

Told to do unpaid work

- Court reporter

A Stirling man who assaulted a stranger at a city centre bus stop after claiming to have been spat on has been dealt with in court.

John Joseph Higgins, 34, struck his victim repeatedly on his head and body while waiting on public transport at Murray Place on May 31.

Stirling Sheriff Court heard this week how the Darnley Street resident was standing at a bus stop when the violence began.

His victim, another man also at the stop, came under attack and was hit a number of times. Employees in the nearby SPAR store and passers-by witnessed the incident and police were contacted.

Officers attended and Higgins was detained, cautioned and charged. His victim has never been traced.

Sheriff Wyllie Robertson asked: “I understand this wasn’t an unprovoked attack – this happened because the other person had been spitting at him?”

Defence solicitor Ken Dalling replied: “Yes – he didn’t go looking for trouble. He didn’t know the male and he tells me he was spat on and he reacted to that.

“He accepts that he should not have reacted the way he did and, had he been of a stronger temperamen­t he may have taken another course of action.”

He added: “There is nothing else outstandin­g. There was a gap in his offending between 2011 and 2015.”

Higgins was also appearing in the dock on Wednesday morning in connection with the possession of £20 of Class A drug diamorphin­e at Beda Place in Fallin on July 9 last year.

Sentencing him, Sheriff Robertson said: “The latter part of your record causes some concern but I am persuaded in the circumstan­ces that I can deal with this without sending you to prison.

“If you offend again in this way the chances are custody will be imposed. And if you breach the order imposed clearly custody is likely to be imposed.”

With regards to the assault Higgins was ordered to complete 230 hours of unpaid community work in the next six months. He was admonished on the drugs matter.

He accepts he should not have reacted

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