Man bat­tered in town ho­tel

Hamilton Advertiser - - NEWS -

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

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