Thug’s ten months in jail for pub attacks

A minor argument occurred there, but others stepped in, added the fiscal depute, and “it began to get out of hand.”

Mr Henderson and the accused made efforts to intervene. However, Stewart hit Mr Henderson on the left side of his face with a Foster’s pint glass which caused a “huge bump.”

The glass shattered and a shard struck Ms Hamilton on the face, causing a cut near her left eye.

Stewart had previously been given a community payback order – comprising unpaid work and supervision – for the attack on Mr Duffy in Molly Malone’s which he had breached.

He had previously admitted assaulting Mr Duffy, but a not guilty plea to assaulting Brian Hunter in the pub by punching him on the head and knocking him to the ground, to his injury had been accepted by the Crown.

On Wednesday, the fiscal depute explained that the Duffys had been out in Stirling and had gone to the Maxwell Place pub for a drink at 11.30pm.

A commotion occurred outside the toilet which the couple were not involved in.

But Stewart approached the table where the couple were sitting and asked them: ‘Were you in their company?’

They had no idea what the accused was referring to. However, Stewart punched Mr Duffy on the face before he could respond.

Police were contacted and attended. Swelling and bruising could be seen around Mr Duffy’s left eye.

Solicitor Frazer McCready told Sheriff Wyllie Robertson that Stewart had come to court fully prepared for a custodial sentence, but suggested he may be prepared to give him “a final chance.”

The lawyer pointed out a social work report pointed out that Stewart’s violence was a result of drinking too much. Stewart also accepted there was a direct link between the consumption of alcohol and getting into trouble.

The breach of the community payback order was a result of Stewart having difficulty prioritising unpaid work and supervision, explained Mr McCready.

Stewart from time to time had cared for his daughter, he added, while her mum was working weekends, but that had been at the cost of not carrying out his unpaid work. He had also missed supervision “as a result of being offered the odd shift.”

The lawyer recognised that Sheriff Robertson could take the view that “enough was enough” but there were alternatives to custody available to consider.

However, Sheriff Robertson told the court that only a custodial sentence was appropriate given the nature of the offences.

He sentenced Stewart to four months for the assault in Molly Malone’s, revoking the community payback order, and eight months in cumulo for the attacks on Mr Henderson and Ms Hamilton at the Tartan Arms. A further 60 days was imposed for failing to appear at a diet at Stirling Sheriff Court on May 5 this year to run consecutively to the eight months.