Man fined for common law assault after jury trial is held
A man has been cleared of sexually assaulting a woman at the end of a three-day jury trial at Lerwick Sheriff Court.
However, Worcestershire man Phillip Kevin Golding, 33, of Blacksmith Lane, Cropthorne, Pershore was found guilty by a majority verdict of an alternative charge of carrying out a common law assault against the woman.
Golding was fined £800 and ordered to comply by a one-year non-harassment order by Sheriff Ian Cruickshank after being convicted of repeatedly pushing the woman down on a bed and attempting to physically subdue her.
The incident happened on 6th December last year at an address in Mossbank.
Golding had denied being abusive to the woman by intentionally or recklessly touching her sexually, pulling down her trousers and underwear and sitting astride her.
The jury of eight men and seven women returned a not proven verdict by majority at the end of the trial.
Golding had also tendered a not guilty plea to a separate charge alleging he had forced his hand inside the front of the same woman’s trousers on a date in November last year.
However, a majority not guilty verdict was returned by the jury – which also found Golding not guilty of a common law assault alternative to that charge.
Sheriff Ian Cruickshank told Golding: “You’ve been found guilty of a common law assault. Clearly, you appeared here to answer charges of sexual abuse. Those charges have not been proven to the satisfaction of the jury.
“Had you been convicted of those offences, the likelihood is a custodial sentence would be the outcome.”