Detention for attack outside party three years ago

Dunfermline Sheriff Court
Dunfermline Sheriff Court
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A Kirkcaldy teenager who repeatedly kicked a man on the head causing severe injury and permanent disfigurement has been given a custodial sentence of over 18 months.

The victim required 22 stitches in his lip following the attack outside a Kirkcaldy bar.

Sean Foley, 19, of Templehall Avenue, appeared at Dunfermline Sheriff Court to be sentenced for the offence which took place more than three years ago.

He admitted that on February 15, 2013 at Dunearn Drive, Kirkcaldy, he assaulted a man, struck him on the head causing him to fall to the ground, repeatedly kicked him on the head, all to his severe injury and permanent disfigurement.

He further admitted behaving in a threatening or abusive manner by shouting, swearing, making threats of violence and throwing bottles. He also admitted failing to appear in court in connection with the incident on September 2, 2014.

The court was previously told that a party had been taking place at a bar. Foley was not at it, but was outside talking to people he knew in a car

A woman went outside from the party to have a smoke and was talking to the man when somebody shouted ‘fatty’ at her.

She woman ignored it but the man felt it to be “offensive and unnecessary” and an argument broke out which led to the attack.

A bottle was brandished and Foley shouted, “Let’s do him”.

The victim sustained a cut to his lip requiring 22 stitches which will leave scarring.

Sheriff Charles MacNair said, “This was an assault when everybody had far too much to drink. Whatever set this off, it was completely disproportionate, the force you used.

“You kicked him repeatedly on the head when he was on the ground.”

The sheriff pointed out that this attack took place after Foley had already committed four assaults in 2012.

A community payback order was imposed on Foley in August 2013 but that had not stopped him offending, the Sheriff noted. The court had heard that Foley was still to be sentenced for an assault which took place at T in the Park in 2014.

Sheriff MacNair sentenced Foley to 16 months detention for the assault and a further 81 days for the failure to appear in court charge.