Crutch attacker avoids prison

A Stirling man who‘snapped’, forcing his way into a neighbour’s home and attacking him with a crutch, last week avoided a jail term

Days before March’s lockdown, Robert Prior had admitted a charge of forcing entry to the Borestone flat and assaulting Kevin Patrick Boon to his injury on August 26 last year by repeatedly striking him on the head and body with a metal pole. The 26-year-old had been acting with another whose identity was unknown to the prosecutor.

When Prior appeared for sentence at Stirling Sheriff Court last week his agent Ken Dalling said a social work report prepared for the court was“sympathetic” adding:“he’s ashamed of his behaviour in respect of this incident, which is atypical.”

The lawyer said he understood the implement that Prior had“lifted spontaneously”had been a“lightweight aluminium crutch”.

His actions that day had followed“a build-up of negative emotions”, but his client was“not a man with a significant history of violent offending”.

He was, however, prone to impulsive behaviour and abused alcohol and drugs, added the solicitor.

Prior had“moved on”from August 2019 and had secured a job.

Mr Dalling pointed out sentence had been delayed for seven months and asked Sheriff Gilchrist to bring matters to a conclusion through a non-custodial sentence.

Sheriff Gilchrist noted the report prepared for the court had referred to antisocial behaviour from Prior’s neighbours – but“of more concern is reference to the attack on [Prior] by [Boon]”.

This allegation, said to have taken place a week before August 26, involving Prior being hit on the head with a hammer, was“more serious than this matter arguably”.

Sheriff Gilchrist asked if it had been reported to the police.

Mr Dalling replied that Prior had not done so because he had found himself in “a very difficult position”.

Fiscal depute Kristina Kelly told Sheriff Gilchrist that during a police interview Prior had indicated that he had issues with neighbours.

However, the interview, she added, did not make any specific reference to previous incidents.

Sheriff Gilchrist told Prior:“the [social work] report proceeds on the basis that this was not a planned attack on your part.you acted impulsively while intoxicated.”

Prior, he accepted, had been subjected to antisocial behaviour from neighbours as well as being seriously assaulted by Boon, adding:“these may be mitigating factors, but they do not justify your response.”

He sentenced Prior, of Bannockburn Road, to a community payback order comprising 18 months’supervision to allow him to address his“relation to conflict and how you deal with it, and how you manage your emotions”.

Prior was also ordered to carry out 200 hours’unpaid work, reduced from 300, due to the early plea, to be completed within 12 months.