Stirling Observer

Man admits attempting to break into cafe

Sentence deferred for medical report

- COURT REPORTER

Sentence on a man who admitted trying to break-in to a Trossachs cafe was this week deferred for a medical report.

Thirty-three-year-old Nathan Mowat had pleaded guilty to a charge of attempting to raid the Venachar Lochside cafe on the A821 between Callander and Brig o’ Turk on November 17 last year while acting with another whose identity was unknown to the prosecutor.

Mowat’s lawyer told Stirling Sheriff Court on Wednesday his client had admitted the offence at a reduction to summary hearing on September 20 this year.

Mowat’s position, he explained, was that the other unknown person was the “principal actor” in the matter.

However, Mowat accepted he was there and aware of what was going on. Moreover, he was the driver of the vehicle to the cafe and back.

Mowat was therefore the ‘art and part’ driver (accessory to the crime) “in relation to this matter at best” the lawyer pointed out.

Until the attempted break-in at the Trossachs cafe Mowat, who works as a delivery driver, had not offended since March 2016.

Since the birth of his child, who is now aged four, he had “done as much as he could” to stop offending.

His solicitor pointed out however that Mowat was very much aware that custody would be at the forefront of Sheriff Wyllie Robertson’s mind given the conviction­s of dishonesty on his criminal record and the nature of the offence.

However, the report prepared for the court suggested that there were suitable alternativ­es to custody like supervisio­n and unpaid work.

Mowat had received custodial terms before, the majority of which were fairly short, he said, adding: “In any event he’s able to cope with a custodial environmen­t.”

The defence agent pointed out however that there would be an impact on Mowat’s family if he were given a custodial sentence.

Mowat was in a stable relationsh­ip with his partner and they had a fouryear-old child. He was also involved in the day-to-day running of the household and also cared for his partner’s 11-year-old child.

Mowat, of Maryhill Road, Glasgow, collected the younger child from nursery and the older child from school which allowed his partner to attend her part-time job.

His partner would have difficulty continuing her employment if Mowat was jailed. It would have “real impact” and be felt by those around him.

Sheriff Robertson pointed out that the court had been told at a previous hearing that Mowat had been diagnosed with cancer. His lawyer explained that his client had not wished this informatio­n to be spelled out in a social work report. He did not wish the court to take pity on him for a medical condition, the solicitor added.

The diagnosis had been made in July this year and further blood tests were required for which Mowat had still to attend.

Sheriff Robertson told the lawyer he wished to obtain a doctor’s report to confirm the cancer diagnosis and prognosis and deferred matters until November 20.

 ??  ??

Newspapers in English

Newspapers from United Kingdom