Guilty-plea attacker freed after spending six months on remand

A Fife man who struck a drinking buddy’s head off the floor so hard he required a CT scan has been released from custody.

Dale O’leary had already served the equivalent of a six-month prison sentence on remand when he appeared for sentencing at Kirkcaldy Sheriff Court.

The 26-year-old admitted punching pal James Millar in Dunfermline’s Broomhead Drive on November 7.

The pair got into an argument after being separated on a night out.

Fiscal depute Lora Apostolova said O’leary was upset at having been left behind. He repeatedly punched Mr Millar and hit his head off the floor, leaving him injured.

His solicitor, Chris Sneddon, described the injuries sustained by Mr Millar as “superficial”.

He said: “Clearly, Mr O’leary has a bad record.

He has been in custody since November.”

Mr Sneddon told the court: “There are fairly significant factors which have affected his development.

“He’s indicated to me that he has hated prison. He really doesn’t like being there.”

Sheriff Pino Di Emidio released O’leary from custody and placed him under supervision for two years. The sheriff also instructed him to complete 180 hours of unpaid work.

He said: “When you go to the trouble of striking someone’s head off the floor, arguably you’ve gone beyond the summary threshold.”

He added: “It seems to me that although you have pled guilty to what I consider to be a serious offence involving an assault striking Mr Millar’s head off the floor to his injury, I can properly deal with this with a non-custodial disposal.

“You have served a period on remand which is the equivalent of just under six months in prison.”

In 2016, O’leary was sentenced to almost three years behind bars after abducting a woman and making her watch as he poured bleach over himself.

Released: Dale O’leary.