Prison sentence after community payback breach

A man has been handed a four month prison sentence after he breached a community payback order for the third time.

Kyle Swannie, 23, of Lerwick, appeared at the town’s sheriff court on Thursday.

Defence agent Tommy Allan said his client indicated he had tried to attain extra hours but was unable to do so because he was already in breach.

He had technically carried out more than half of the unpaid hours from the original order, according to the defence agent, and was willing to carry out the rest.

Swannie was originally meant to complete 200 hours of unpaid work over six months.

Swannie had been given the community payback order as a direct alternative to a custodial sentence back in February, after he abused a member of staff at the Lerwick Co-op. Mr Allan added that there was “no suggestion” Swannie would have “carried out these threats”.

Sheriff Ian Cruickshank said that after the first breach he had decided to do nothing, and that after the second breach he allowed the order to continue but had added 20 hours of unpaid work.

However, Sheriff Cruickshank said a report presented to him showed Swannie had only completed 12 hours since then.

Addressing Swannie, the sheriff said he had been “prepared to give you a chance”, but that the 23-year-old had not taken that chance.

Sheriff Cruickshank revoked the community payback order and sentenced Swannie to a four-month prison sentence.


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