New Year’s Day attack on ex partner

Cumnock, on January 1 2017.

Sheriff Liam Murphy deferred sentence on Donald in order to obtain a criminal justice social work report and a restriction of liberty order assessment.

When the case returned to court for sentencing Fiscal Depute Laurin Campbell told the court how the complainer is now separated from the accused.

“They were married for three years and previously lived together with their two children,” she said.

“It’s an historic offence and it took place on January 1 in the presence of witnesses.

“The accused slapped the complainer in the face but was restrained by witnesses.

“While being restrained the accused kicked out with his foot and kicked the complainer in the abdomen.”

The report to police did not happen until June.

Donald, of Townhead Street, Cumnock, was traced, cautioned and charged, making no reply.

His defence solicitor said: “There was no injury ( to the victim) at the time.

“He was contacted by police in June and he attended voluntarily, stating he was aware of there being an argument but no recollection of what it was about, partly due to alcohol and partly the passage of time.

“He does not condone his behaviour. It came to light once contact proceedings took place in court. I understand he’s getting contact.

“He’s now living in Surrey with a new partner.

“His intention is to apply for the Army. It’s likely he will be re- admitted in October.

“But the application to the Army will not progress unless these proceedings are over.”

Sheriff David Young fined Donald £ 600, payable at £ 60 per month but he turned down a request from the Crown to impose a non harassment order.