Duo are sentenced for ‘horrific crime’
Two Oban men in their late 20s avoided jail, for what the sheriff called ‘a horrific crime’, but were each handed 18-month community payback orders with strict conditions and both were ordered to pay their victim £500 compensation.
Damian Michael McAuley, 26, of Flat 1/2 12 High Street, and Andrew Kevin Michael Shaw, 28, of 1 Stafford Street, had both admitted assaulting a man on November 5 last year on Stevenson Street in the town, knocking him to the ground and repeatedly punching and kicking him on the head and body to his injury.
Sheriff Patrick Hughes had heard details of the assault from the procurator fiscal at an earlier hearing and called for reports on the two men. On Tuesday he heard from their defence agents before passing sentence.
The sheriff was told that each man was employed, in long-term relationships and had the support of their families.
Both accepted that alcohol had played a part in their actions and had been sober since the incident, seeking help with their drinking and the reports showed that both had shown remorse for what had happened.
Sheriff Hughes said: ‘This is a horrific crime, kicking into a man until he was unconscious outside a public house.’
He added that one of his key concerns is to protect the public and he could only give the men a maximum custodial sentence of 12 months but with a community pay back order he could extend this for a longer period.
Both men are now subject to a community payback order of 18 months during which they will be supervised by the social work department and each must complete 255 hours of unpaid work in the community within 12 months and pay compensation to their victim.
They are banned from licensed premises for 18 months and each is subject to a restriction of liberty order, monitored by a tag.
McAuley must remain in his home overnight for 10 months; Shaw for seven months.
They will return to court in three months for a report on their behaviour.