Man jailed for assaulting shop worker with tin of alcohol after fleeing store

A Fife man who admitted stealing alcohol and assaulting a male staff member at a Kirkcaldy store has been jailed for ten months.

Monday, 22nd November 2021, 3:33 pm

Derry Nelson, of Methil Drive, Leven appeared before Sheriff Alistair Brown at Kirkcaldy Sheriff Court.

Nelson, 27, admitted on December 31, 2018 at Premier Baynes in St Clair Street, Kirkcaldy he stole a quantity of alcohol.

He further admitted on the same date, in the same place, that he assaulted an employee there by striking him on the head with a can containing liquid, to his injury.

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The case called at Kirkcaldy Sheriff Court.

The Procurator Fiscal Depute told the court: “At around 7.50pm on the day in question the accused and another man entered the shop.

"The accused took a can of Dragon Soop ( a fortified alcoholic drink), moved away to a corner of the store before picking up another can and moving around the shop.

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"Before approaching the till the accused picked up ten tins of Tennent’s lager and joined the queue.

"He was asked if he would be paying for the cans of beer and the Dragon Soop, and he said he had bought them elsewhere. He was seen picking up the tins and so an argument began.

"He ran out the door with the alcohol.”the court heard a staff members gave chase, and the accused hit him on the side of his head with a tin. The police were called.

The Depute had no explanation available for why there had been a delay in the case coming to court.

Nelson’s defence lawyer said his client had offended in the past but prior to this offence in 2018, he had been out of trouble for three months: “In this case he went to the shop to buy alcohol. He accepts he committed the offences but he has a poor recollection of what happened.”

Sheriff Brown told Nelson: “You assaulted a member of staff in this shop when he was only trying to do his job and this is something society and the public disapproves of.”

In relation to the first charge he sentenced Nelson to three months in prison and sentenced him to 45 weeks in prison on the second charge of assault, with both to run concurrently.

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