Supervision for man who assaulted father

A year-long supervision order was imposed on a Fort William man who had admitted assaulting his own father in an attack that saw him put his arm round the older man’s throat and compress it.

At an appearance at Fort William Sheriff Court last month, Alexander Michael MacGillivray, aged 21, had pleaded guilty to charges that at his home in Lundavra Road, Fort William, on June 29 this year, he assaulted his 60-yearold father by pushing him; placing him in a headlock, repeatedly punching him on the head and body, placing his arm round his throat and compressing his throat.

MacGillivray further pleaded guilty to behaving in a threatening or abusive manner likely to cause a reasonable person fear and alarm in that he brandished a knife at police officers and threatened to stab them.

Sentence was deferred until last week for compilation of a criminal justice social work report.

Appearing for sentencing before Sheriff Eilidh MacDonald last week, procurator fiscal Robert Weir went over the details of the case again and told the court the incident had occurred during what he called ‘some kind of play fighting’ between the father and son.

Mr Weir said the younger man had shouted he was going to kill his father as he had ‘always treated me bad’ and the older man had lost consciousness for several seconds after his son had put his arm round his neck.

Police had attended about 10.40pm that day and found the younger MacGillivray in possession of a three-inch kitchen knife.

‘He told the officers if they tried to arrest him that he was going to stab them,’ said Mr Weir. It was at this point that the accused made stabbing motions and the officers drew their batons and sprayed the accused with Pava, at which point he dropped the knife and he was successfully restrained.’

Pava is the name of the incapacitant that Police Scotland now issues its officers with in place of CS spray and is similar in nature to pepper spray.

In mitigation, defence agent Hamish Melrose said one of the bail order’s special conditions had been that MacGillivray was not to approach his father or enter Lundavra Road, where he had lived with his father for a number of years.

Mr Melrose said MacGillivray, as a result of the bail condition, had been living with his uncle in the town, although his father had accompanied him to court, and his mother was also there.

‘There is a background to all of this which is mentioned in the report,’ added Mr Melrose.

Imposing the community payback order in the form of a supervision order, Sheriff MacDonald told MacGillivray it had been a ‘very unpleasant’ offence.

‘But I have taken into account everything said on your behalf by Mr Melrose and the contents of the background report and will impose a community payback order as a direct alternative to custody.

‘The supervision order will last for one year and you will live with your uncle while you are subject to this order.’

However, Sheriff MacDonald agreed to alter the bail condition so that he could enter Lundavra Court to visit his father but that he must leave by 5pm on any such visit.

And the sheriff added: ‘I will fix a review for you to come back in three months’ time and see if your conduct requires this [bail] condition to still be necessary.’