Teenager who inflicted severe injury avoids custody 12/5/10
A Lewis teenager has been banned from every pub in Scotland for a violent attack on an island man.
But at Stornoway Sheriff Court, Liam Middlemass was warned he would face custody if he breached his strict probation sentence.
The case was scheduled to be heard in a trial by jury last month but Liam Middlemass, 18, of 24 South Bragar, Lewis, pleaded guilty to assault to severe injury two weeks ago.
He has been banned from all pubs in Scotland for 12 months and placed on probation for two years.
In addition, he must pay £2000 compensation to his victim at the rate of £50 per week.
Middlemass will be tagged for the next 12 months and ordered to obey a nightly curfew to stay at home from 8.30pm until 6am. He is to undertake 200 hours of unpaid work.
Alister Macphee, 41, who hails from Uig, Lewis, but lives in Stornoway, was enjoying a night out, drinking and chatting with tourists, when he was attacked in the Carlton Bar, Stornoway, last June.
It was so violent that the sound of Mr Macphee’s head cracking on the floor was heard above the music said procurator fiscal David Teale.
Mr Teale explained that Middlemass and his friends were drunk when they came into the pub on that Friday evening.
He said they started mimicking the accents of English tourists who were chatting to Mr Macphee.
The former butcher remonstrated with the youths. An initial verbal row between Mr Macphee and Middlemass was quelled by one of the English visitors.
Mr Teale added that soon after 1am on 20th June the accused punched his victim in the face.
Mr Macphee “immediately fell backwards and onto the floor, striking his head on the ground with such force the sound was heard above the music in the bar” said the fiscal.
Mr Teale said that Mr Macphee was unconscious; Middlemass denied hitting him, grabbed his jacket and ran away.
The accused later claimed he thought he saw Mr Macphee punching one of his friends.
The fiscal said the victim suffered a serious head injury, a bruised right eye and was barely conscious. He took a seizure in hospital and a CAT scan revealed a blood clot with underlying bruising causing pressure on his brain.
Mr Macphee was rushed by ambulance plane to the Southern General hospital in Glasgow where a second scan show the situation was slightly worse. He underwent surgery to successfully remove the clot but never made a full recovery.
The fiscal explained the victim still suffered seizures though they may not be wholly attritbutable to the attack, given his medical history and lifestyle said the fiscal.
Defence lawyer Mr Wardlaw said it was a “classic case of an impulsive act resulting in unintended consequences.”
He said Middlemass “deeply regrets” his actions and gave himself up when traced by police in Point Street minutes after he ran out of the pub.
Sheriff David Sutherland said: “I have no doubt you did not envisage the injuries you inflicted upon the victim.
“Nevertheless, his injuries are a direct result of what you have done and you have to bear the consequences.
“With some hesitation I am not going to send you to custody” stressing that "realistically the only alternative to any breach is imprisonment."