Nwicker60
11-Nov-11, 15:14
Ten month sentence for man who 'lost the plot' and attacked his furniture
A WICK man ran out of chances given to him by a sheriff who jailed him for ten months today.
Graham Bain was said by Sheriff Andrew Berry to have flouted the court’s authority.
Bain (22) of Kinnaird Street, Wick, appeared earlier in the week and pleaded guilty to his latest offence, in which he “lost the plot” after being wakened from a sleep on the sofa of their home, by his partner, and attacked the furniture with a knife.
The incident occurred on October 28 at their then home in Nicolson Street, in Wick. Senior fiscal depute David Barclay, said that Bain resented “his slumbers being interrupted” and became abusive and argumentative with his partner Louise Manson. It was stated that the accused had fallen asleep after taking a substance.
Mr Barclay added that there was no question of anyone in the house having been in danger-the knife was used exclusively to deliberately damage the furniture. Bain was given bail at an initial appearance in court but breached it by telephoning Ms Manson and visiting her, although the court heard that she had got in touch with him, initially. Their relationship had been experiencing “ups and downs”.
Today, the court was told that Bain hoped to get onto a commercial fishing course at Oban and has submitted an application. He is currently on probation and has 50 hours of unpaid community service still to complete.
Solicitor Jo MacDonald said that Bain had moved out of Nicolson Street home in Wick to give his partner “a breathing” space to consider the future of their relationship. The accused was a vulnerable person who had been placed on suicide watch while on remand. The seven days he had spent in custody had been “an eye-opener” and a “short sharp shock” and had brought home to him that he should be grasping every single opportunity, the court gives him.
Ms MacDonald continued: “Mr Bain has been given numerous chances but let the court down by failing to comply with their orders. He needs to draw a line under this type of behaviour if is not to spiral into a dangerous position for him and he recognises that.”
The solicitor suggested that a custodial sentence would result in Bain spiralling into further offending and that the only way to break the cycle would be through unpaid community service. If he grasped that, he might never appear in the court again.
Sheriff Berry who retired to consider his sentence, outlined Bain’s record, the first conviction having involved 12 matters. The accused had received probation and community service or a combination of both, on 12 occasions, the last being on August 2.
The sheriff said that following the “serious” knife offence, Bain had been granted bail and despite having the conditions and consequences spelled out to him, including one relating to a ban on contacting or visiting Ms Bain.
Sheriff Berry continued: “The following day, in a complete affront to the authority of the court, you again chose to please yourself. Not only did you repeatedly visit Ms Manson but you also telephoned her. You clearly have not grasped any of the opportunities given to you over a considerable number of years, to behave and comply with court orders.”
Bain was jailed for six months for the knife offence and four months for the bail aggravation, the sentences to run consecutively and were backdate to November 3 when the accused was detained.
He will resume his community paid back service on his release.
A WICK man ran out of chances given to him by a sheriff who jailed him for ten months today.
Graham Bain was said by Sheriff Andrew Berry to have flouted the court’s authority.
Bain (22) of Kinnaird Street, Wick, appeared earlier in the week and pleaded guilty to his latest offence, in which he “lost the plot” after being wakened from a sleep on the sofa of their home, by his partner, and attacked the furniture with a knife.
The incident occurred on October 28 at their then home in Nicolson Street, in Wick. Senior fiscal depute David Barclay, said that Bain resented “his slumbers being interrupted” and became abusive and argumentative with his partner Louise Manson. It was stated that the accused had fallen asleep after taking a substance.
Mr Barclay added that there was no question of anyone in the house having been in danger-the knife was used exclusively to deliberately damage the furniture. Bain was given bail at an initial appearance in court but breached it by telephoning Ms Manson and visiting her, although the court heard that she had got in touch with him, initially. Their relationship had been experiencing “ups and downs”.
Today, the court was told that Bain hoped to get onto a commercial fishing course at Oban and has submitted an application. He is currently on probation and has 50 hours of unpaid community service still to complete.
Solicitor Jo MacDonald said that Bain had moved out of Nicolson Street home in Wick to give his partner “a breathing” space to consider the future of their relationship. The accused was a vulnerable person who had been placed on suicide watch while on remand. The seven days he had spent in custody had been “an eye-opener” and a “short sharp shock” and had brought home to him that he should be grasping every single opportunity, the court gives him.
Ms MacDonald continued: “Mr Bain has been given numerous chances but let the court down by failing to comply with their orders. He needs to draw a line under this type of behaviour if is not to spiral into a dangerous position for him and he recognises that.”
The solicitor suggested that a custodial sentence would result in Bain spiralling into further offending and that the only way to break the cycle would be through unpaid community service. If he grasped that, he might never appear in the court again.
Sheriff Berry who retired to consider his sentence, outlined Bain’s record, the first conviction having involved 12 matters. The accused had received probation and community service or a combination of both, on 12 occasions, the last being on August 2.
The sheriff said that following the “serious” knife offence, Bain had been granted bail and despite having the conditions and consequences spelled out to him, including one relating to a ban on contacting or visiting Ms Bain.
Sheriff Berry continued: “The following day, in a complete affront to the authority of the court, you again chose to please yourself. Not only did you repeatedly visit Ms Manson but you also telephoned her. You clearly have not grasped any of the opportunities given to you over a considerable number of years, to behave and comply with court orders.”
Bain was jailed for six months for the knife offence and four months for the bail aggravation, the sentences to run consecutively and were backdate to November 3 when the accused was detained.
He will resume his community paid back service on his release.