Man battered in town hotel
An assault victim who battered his attacker’s dad in a Hamilton hotel has been jailed for three years.
Scott Mcinall smashed a ceramic plant over Alex Brown’s head then punched and kicked him as he lay on the ground.
Mr Brown suffered three broken bones in his face and a cut to his head.
Hamilton Sheriff Court heard this week that Mcinall reacted after Brown’s son Shayne hit him twice on the head with a bottle at the Avonbridge Hotel.
Mcinall (28), of Brankholm Gardens, Hamilton, admitted assaulting Alex Brown to his severe injury while on bail for another matter in November 2017.
At an earlier hearing Shayne Brown (20), of Clydesdale Avenue, Hamilton, admitted assaulting Mcinall to his severe injury and permanent disfigurement at the same venue on the same night.
He avoided custody and was instead put under supervision for 18 months and ordered to do 230 hours of unpaid community work.
Mcinall’s solicitor, Stephen Mcquillan, pointed out that CCTV evidence showed clearly that Shayne Brown had started the trouble. Had he not attacked Mcinall the assault on Alex Brown would never have happened.
After the glass attack Shayne Brown had phoned his dad who went to the hotel to pick him up and, according to Mr Mcquillan, became caught up in the “melee” as his son was being escorted out.
The lawyer suggested that Mcinall, like Shayne Brown, could be given a non-custodial sentence.
He told Sheriff Daniel Kelly: “There was severe provocation here. My client is a family man with two young children and is in employment. He has no outstanding matters and there are options other than prison available.”
However, the sheriff said it appeared Alex Brown had simply been “trying to usher his son away” when he was attacked by Mcinall.
He told the accused: “You smashed a ceramic pot on his head and then, outside, you kicked and punched him on the head while he was on the ground.
“He was unconscious for a period estimates put it at between 15 and 45 minutes - and I’m told the assault has affected his memory and he’s not been the same since.
“On top of this, you have previous convictions for assault.
“So even taking account of the provocation, your family situation and the fact you have not previously served a custodial sentence, given the severity of this attack and the resulting injuries, there is no other suitable option than prison.” four
Court Hamilton Sheriff