Sheriff has dig at ‘soft touch’ justice as thug walks free over street attack

A MAN who kicked a defenceless woman in the head was allowed to walk free from court as a sheriff launched a thinly veiled attack on Scotland’s so-called soft-touch justice system.

Kirstie Garvie, 30, was knocked unconscious and left lying in the street when stranger Scott Miller, 32, kicked her in the head before running off.

But Sheriff Lindsay Foulis imposed a community-based sentence on Miller amid barely disguised comments about his hands being tied by the system.

He said: “In days gone by this offence would almost certainly have resulted in a custodial sentence, and one which – if challenged before a higher court – would have been supported.

“Times have changed – I say no more than that. There is now a presumption against the imposition of custodial sentences of less than 12 months.

“Further, although the maximum I can impose on this complaint is 12 months, you eventually pled guilty and were entitled to a discount on sentence.

“You must have known you did what you were alleged to have done. If you held your hands up earlier the discount imposed would have been greater.

“The point I am making is that, having eventually pled guilty, you would have received a sentence of less than 12 months – and therefore the presumption against such a sentence would kick in.

“Quite what you were thinking at that time is beyond me. You are not 16 or 17, you are 32.

This was a moment of madness which is having significant repercussions for you.”

Miller, who admitted assaulting Miss Garvie in Perth more than a year ago, was ordered to carry out 210 hours unpaid work in the community.

Fiscal depute Sarah Wilkinson told Perth Sheriff Court: “The accused was not known to the complainer. By 10.15pm an altercation had occurred within the Half A Tanner public house.

“The complainer threw a glass of water over the parties that were with the accused. By the time of the assault on her Miss Garvie was on the floor.”

Miller had a second charge of being responsible for knocking his victim out of the pub dropped by the Crown, and closed-circuit television film showed her lying on the street outside.

“He kicked her to the head and then made off. She suffered a loss of consciousness and had an abrasion to the rear of the left side of her head,” Miss Wilkinson said.

“Other witnesses saw this and she was conveyed to Perth Royal Infirmary. Witnesses contacted police. There is no information about how long she was unconscious for.”

Solicitor Pauline Cullerton, defending, said: “He is very aware of the seriousness of this offence and the potential consequences that could have come out of it.

“He bitterly regrets acting the way he did and finding himself before the court for an offence of this nature. The outcome could have been very different.

“He has lost his employment of 14 years as a result of this. There has been no decision yet in relation to the appeal against his dismissal.”

A Scottish Government spokesman said: “A sheriff can impose a sentence of less than 12 months. The presumption against short sentences is not a ban and sheriffs have continued to impose short custodial sentences.

“Ministers do not comment on the decisions of the independent courts. However, the courts have discretion to impose the most appropriate sentence, in custody or in the community, depending on the facts and circumstances of each case.”