A man who jumped on his victim’s leg causing it to break was spared a prison sentence after a court heard he was provoked.
Instead Thomas Hall, 30, of Pennan Road, Tillydrone, Aberdeen, was fined £1,000 and placed on a community payback order with a 12-month supervision requirement.
Hall admitted causing the injury during a night out in Lerwick on 24th November 2012 when he appeared in the dock before sheriff Philip Mann today.
He had been walking along Commercial Street with his brothers before he became the subject of “taunts” from people within another group.
Procurator fiscal Duncan MacKenzie said the complainer ran at Hall and threw a punch, but the punch missed its target and he fell onto the ground.
Hall then jumped on him with “both feet in the air” and landed on the man’s leg, causing “significant injury”.
“It is the Crown’s position that the complainer was prone on the ground and was posing no threat at that point,” Mr MacKenzie said.
He added the assault caused a “severe break” which required surgery and the insertion of pins in the leg.
“It was a very bad injury indeed,” he said.
Defence agent Neil McRobert said Hall, who suffers from mental health problems, had been in the isles visiting his mother, and had gone out with his brother and a friend.
“There was a verbal exchange, and verbal taunts were directed at him by the complainer.”
The agent accepted Hall could not argue he had acted in self defence as the victim had fallen to the ground by the time he committed the assault. But he said there had been a “significant degree of provocation” and Hall had “not intended the serious consequences which befell his complainer”.
Sheriff Mann told Hall: “This was a significant loss of control which resulted in a very, very nasty injury, and you can’t quibble with the fact you’ve been prosecuted on indictment, because it’s a very serious matter.
“Even for someone with no previous convictions it would amply merit a custodial sentence but … having regard to what’s been said in the social work report I do think there is an alternative to custody in this case.
“I’m well aware of the fact that what you did didn’t happen in a vacuum, and there are circumstances which perhaps explain, although don’t excuse, what you did.”